ClimateChange-ClimateLaw

FEBRUARY 23, 2022

Starting in 2017, cities, counties, and states across the United States have filed claims (see here and here ) in state courts against fossil fuel companies seeking redress for the climate harms their products have caused. Many of these cases asserted nuisance and other tort law claims. Citing Massachusetts v.

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Court Tort Cause of Action Litigation 81

JonathanTurley

MAY 12, 2021

There is a novel comparison that could be drawn to the tort of “loss of chance” in the failure to diagnose diseases. Such torts are allowed even where there was less than a fifty percent chance of survival. courts have found the requirement of at least a 50 percent survivability line to be too severe. In 1983, in Herskovits v.

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Tort Court Court Rules Legal 31

JonathanTurley

OCTOBER 30, 2023

Here is my annual list of Halloween torts and crimes. Halloween has everything for a torts-filled holiday: battery, trespass, defamation, nuisance, product liability and more. However, my students and I often discuss the remarkably wide range of torts that comes with All Hallow’s Eve. In another June 2023 decision in Munoz v.

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Tort Litigation Litigating Manufacturing 42

ClimateChange-ClimateLaw

OCTOBER 7, 2019

The court also temporarily enjoined two felony riot statutes because they went “far beyond” the State’s “appropriate interest” in criminalizing participation in a riot with acts of force or violence. The court also found that Mann’s lawsuit did not constitute state action and therefore dismissed the writer’s constitutional tort claim.

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Court Government Statute Tort 40

SCOTUSBlog

JUNE 28, 2021

Grimm , leaves in place a lower-court ruling that found that a Virginia school district violated federal law when it barred students from using the restrooms that align with their gender identities. corporations can be sued for violations of the Alien Tort Statute, the law on which the Iraqi plaintiffs were relying, at all.

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Immigration Court Government Education 103

ClimateChange-ClimateLaw

JUNE 8, 2021

The court denied, however, Connecticut’s motion for costs and fees, noting that several issues raised by Exxon were novel in the Second Circuit and that many relevant portions of district court rulings in other circuits had not been subject to appellate review until the Supreme Court’s recent decision in the Baltimore case.

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Court Statute Government Litigation 42

JonathanTurley

MAY 12, 2022

The claim that such protests are acts of intimidation has been before the courts since the 19th century. 92 (1896), for example, the Massachusetts Supreme Court ruled that a labor union could be found guilty of an intentional tort by picketing a business. In Vegelahn v. Guntner, 167 Mass. Coakley in 2014.

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Drafting Court Tort Laws 34