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Compensatory damages equal to amount plaintiff paid for home affirmed in fraud case.

Day on Torts

Further, where the fraud was related to the purchase of plaintiff’s home, and the jury awarded plaintiff the amount she paid for the home in compensatory damages, that award was affirmed. On appeal, the verdict for compensatory damages was affirmed, but the punitive award was vacated and remanded for further proceedings.

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US Supreme Court declines North Carolina appeal in undercover investigations case

JURIST

The US Supreme Court declined to hear an appeal from North Carolina on Monday over the constitutionality of a state law allowing employers to sue employees working as undercover investigators. In February, the United States Court of Appeals for the Fourth Circuit ruled the statute was an unconstitutional limitation of First Amendment rights.

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Tort proceeds belonged to decedent’s estate rather than surviving spouse.

Day on Torts

Because these claims were based in tort rather than wrongful death, the Court of Appeals ruled that they accrued to the decedent at the time of her fatal injuries and the settlement proceeds should have been distributed to her estate, not to her surviving spouse. On appeal, the trial court was reversed.

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Australia High Court Delivers Major Blow to Free Speech In Defamation Ruling

JonathanTurley

Despite this history, a new decision out of the High Court is still shocking in its implications for further attacks on free speech. The court ruled that newspapers and television stations that post articles on social media sites like Facebook are liable for other third party comments on those posts. punitive damages.

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Stern Rebuke: Auburn University Hit With Punitive Damages in Free Speech Case

JonathanTurley

In its earlier summary judgment ruling , the court began with a discussion of the highly analogous case of Pickering v. While courts have ruled that “a public employee’s right to freedom of speech is not absolute.” 2013), the Supreme Court in Pickering , 391 U.S. Pretty low odds. 205 , 391 U.S. Garcetti v.

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February 2021 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

Circuit Court of Appeals ruled that the U.S. Environmental Protection Agency’s (EPA’s) Affordable Clean Energy Rule (ACE Rule) for greenhouse gas emissions from power plants rested on an erroneous interpretation of the Clean Air Act that barred EPA from considering measures beyond those that apply at and to an individual source.