article thumbnail

Guest Commentary: New Italian Constitutional Reform: What it Means for Environmental Protection, Future Generations & Climate Litigation

ClimateChange-ClimateLaw

On February 8, 2022, the Chamber of Deputies of the Italian Republic gave its final approval to the proposed constitutional law A.C.3156-B 3156-B providing environmental protection amendments to Articles 9 and 41 of the Italian Constitution. Rights-based climate litigation has been increasing substantially in recent years.

article thumbnail

TikTok Torts: Idaho Professor Sues “Internet Sleuth” for Defamation Over Idaho Murders

JonathanTurley

That was the case with the litigation over the false claims made against former Rep. contempt,’ and language used ‘in a loose, figurative sense’ have all been accorded constitutional protection.” .” Truth is always a defense to defamation since a published fact must be false as well as harmful.

Tort 35
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

The Illusion of Action: Cuomo’s New Gun Manufacturer Liability Law is a Colossal Misfire

JonathanTurley

Even if the law passes constitutional review, there remains its ambiguous standard. For decades, states and cities have tried to curtail gun sales through nuisance litigation; they have uniformly failed because the effort is transparently an effort to achieve gun control through litigation.

article thumbnail

Supreme Court Rejects Cause of Action Under Bivens Against Border Patrol Agent

Constitutional Law Reporter

Boule filed a grievance with Agent Egbert’s supervisors and an ad- ministrative claim with Border Patrol pursuant to the Federal Tort Claims Act (FTCA). The post Supreme Court Rejects Cause of Action Under Bivens Against Border Patrol Agent appeared first on Constitutional Law Reporter. Anderson v. Creighton , 483 U.S.

article thumbnail

No Joke: Supreme Court Case Could Take a Big Bite Out of the First Amendment

JonathanTurley

Parody and satire also face threats from other legal actions, particularly tort actions over the appropriation of names or likenesses (called the right to publicity). Past tort cases generally have favored celebrities and resulted in rulings like White v.

Court 41
article thumbnail

The Supreme Court Fails To End The Feres Doctrine. Now It Is Up To Congress

JonathanTurley

I have been a vocal critic of Feres for decades and wrote a three-part study of the military legal system 20 years ago that detailed how this doctrine began in 1950 with a clearly erroneous reading of the Federal Tort Claims Act (FTCA). Tort liability does not simply make victims whole but encourages others to take precautions.

Court 38
article thumbnail

Alec Baldwin’s Trump Defense: A Torts Case Where Imitation Merged With Litigation

JonathanTurley

I previously wrote a column on what I described as Alex Baldwin’s greatest imitation of Donald Trump. in a lawsuit. Baldwin was sued for a reprehensible attack on family of a U.S. Marine killed in a suicide bombing in Afghanistan.

Tort 36