Constitutional Law Reporter
SEPTEMBER 10, 2021
By a vote of 8-1, the Court held that to plead facts sufficient to support a domestic application of the Alien Tort Statute, 28 U.S.C. Where the statute does not apply extraterritorially, plaintiffs must establish that “the conduct relevant to the statute’s focus occurred in the United States. Facts of the Case.
Constitutional Law Reporter
JANUARY 26, 2023
The specific issue is: “ Whether the National Labor Relations Act impliedly preempts a state tort claim against a union for intentionally destroying an employer’s property in the course of a labor dispute.” The post SCOTUS Kicks Off February Session With Four Cases appeared first on Constitutional Law Reporter.
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Constitutional Law Reporter
SEPTEMBER 15, 2021
Moreover, the Court has rejected the proposition that “a plaintiff automatically satisfies the injury-in-fact requirement whenever a statute grants a person a statutory right and purports to authorize that person to sue to vindicate that right.” 323, 349 (1974); see also Restatement of Torts §559 (1938). the tort of defamation.
JonathanTurley
SEPTEMBER 9, 2021
The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. Congress recognized the threat that tort-based lawsuits pose to freedom of speech in the new and burgeoning Internet medium. 47 U.S.C. §
Conflict of Laws
MAY 9, 2023
In a nutshell, according to the Italian Constitutional Court, the fundamental human rights cannot be automatically and unconditionally sacrificed in each and every case in order to uphold the jurisdiction immunity of a foreign State allegedly responsible for serious international crimes.
JonathanTurley
JUNE 30, 2021
Roughly 30 states and the District of Columbia have statutes allowing for recovery for wrongful convictions and imprisonment. It must be done under common law, which is challenging. Under common law, Cosby could sued for malicious prosecution. Pennsylvania is not one of them (which is quite surprising). However, recently Gov.
JonathanTurley
JULY 12, 2021
After a slew of lawsuits against the gun industry on a variety of different claims, Congress passed the Protection of Lawful Commerce in Arms Act of 2005, giving gun sellers and manufacturers immunity from liability arising out of the criminal misuse of firearms. It failed on both grounds in 2013 before the U.S. In City of New York v.
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