Conflict of Laws

DECEMBER 6, 2023

Ms Karpik commenced representative proceedings—a class action—in the Federal Court of Australia. The cruise itself departed and returned to Sydney but included time outside of Australia, including in New Zealand. The primary judge refused the stay application, which was then reversed by the Full Court of the Federal Court of Australia.

Contract 70

Contract Laws Court Statute 70

Conflict of Laws

NOVEMBER 3, 2022

But the bonds include a choice-of-law clause designating the law of New York. Does this mean that validity is to be determined under New York law? The debt also includes a choice of law clause providing for the application of foreign law, typically that of New York or England. Variations in Clause Language.

Government 52

Government Drafting Contract Laws 52

JonathanTurley

JULY 12, 2021

Below is my column in the Hill newspaper on the declaration of a gun violence emergency by New York Gov. The centerpiece of Cuomo’s plan is a new law to allow victims of gun violence to sue gun manufacturers under a nuisance theory. It has failed repeatedly in various states, including New York. Andrew Cuomo.

Manufacturing 47

Manufacturing Laws Litigation Litigating 47

Paralegal Bootcamp

APRIL 15, 2022

In litigation, for example, in a large firm, as a litigation paralegal , you may perform only discovery tasks whereas, in a small firm, you may be handling case intakes, case management, writing demands, filing lawsuits, performing discovery, legal research, motion practice, and trial practice. That will dictate the “where.”

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Paralegal Paralegals Legal Assistant Legal Assistance 246

JonathanTurley

OCTOBER 30, 2022

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.

Tort 37

Tort Litigation Litigating Manufacturing 37

SCOTUSBlog

MARCH 1, 2022

Share The Supreme Court on Wednesday will consider the continued vitality and expansion of lawsuits for damages against federal officers under Bivens v. Boule told Egbert of a guest who had flown from Turkey to New York the previous day and was flying to Washington and driving to the inn. Six Unknown Named Agents.

Cause of Action 98

Cause of Action Immigration Tort Government 98

ClimateChange-ClimateLaw

NOVEMBER 1, 2016

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. Climate Litigation Chart (Update #92): FEATURED CASE. and non-U.S. Here are the additions to the U.S. Pritzker , Nos.

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Litigation Litigating Attorney Court 40

JonathanTurley

OCTOBER 31, 2021

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. A tort action for intentional infliction of emotional distress is likely to fail. Again, the court agreed.

Tort 38

Tort Litigation Litigating Manufacturing 38

SCOTUSBlog

JANUARY 16, 2022

Her heirs have been litigating for more than 15 years over rights to the painting, an Impressionist masterpiece once thought to be lost. Court of Restitution, which, in 1954, declared her the rightful owner of the painting. It eventually travelled to New York and then to Saint Louis, Missouri, where it remained until 1976.

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Tort Court Laws Litigation 127

SCOTUSBlog

DECEMBER 2, 2023

Share The Supreme Court will hear oral arguments on Monday in one of the highest-profile bankruptcies in recent memory: Harrington v. Court of Appeals for the 2nd Circuit of a multi-billion-dollar bankruptcy plan for Purdue Pharma, the maker of the opioid OxyContin. First, the court of appeals explained, 11 U.S.C. § And in Sept.

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Court Tort Litigation Litigating 141

LawSites

JULY 7, 2022

I am a big fan of litigation analytics, even once suggesting that it could be malpractice for a litigator not to use the technology. As it launches to the market, Pre/Dicta provides predictions only for motions to dismiss in federal court. All of these factors play into Pre/Dicta’s predictions, the company says.

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Litigation Litigating Attorney Law School 95

JonathanTurley

JUNE 2, 2022

The massive verdict in favor of actor Johnny Depp yesterday constitutes a rare victory of a public figure under the difficult New York Times v. The defamation laws are far more advantageous for defendants in the UK and most plaintiffs try to litigate such claims in the U.S. YouTube screengrab. Sullivan standard for defamation.

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Punitive Damages Tort Lawyer Lawyers 39

SCOTUSBlog

DECEMBER 4, 2023

At the Supreme Court on Monday, the justices appeared conflicted over whether to allow a multi-billion-dollar bankruptcy plan for Purdue Pharma to move forward. Monday’s oral argument was the latest chapter in four years’ worth of litigation over the efforts to seek a fresh start in the face of the opioid lawsuits.

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Court Government Litigation Litigating 140

Patently O

MARCH 12, 2021

My father’s law office was in rural New York, and his core practice involved representing farmers, villages, and small businesses on land transactions, estate planning, and probate matters. The limitations in patent claims aren’t like the boundaries defined in a deed; instead, they are like the elements of a tort.

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Legal Legal Small Business Litigation 64

JonathanTurley

JUNE 16, 2021

However, this is now a defamation action which could present significant challenges based on the elements for the tort. The standard for defamation for public figures and officials in the United States is the product of a decision decades ago in New York Times v. The complaint alleges per se defamation. Evans 750 F.2d

Tort 46

Tort Court Felony Laws 46

SCOTUSBlog

JANUARY 6, 2023

Work stoppages at iconic companies like John Deere, The New York Times, and Kellogg’s. That is why the Supreme Court’s decision to review a basic feature of how the law may or may not interfere in work stoppages is noteworthy. The court has recognized only a narrow exception to the preemption doctrine. Share Striketober.

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Tort Government Court Litigation 138

ClimateChange-ClimateLaw

MARCH 14, 2024

In the first months of 2024, legislators in four states— Maryland , Massachusetts , New York , and Vermont —have pushed for legislation that would collectively require large fossil fuel producers and refiners to pay for hundreds of billions of dollars of state-level climate adaptation infrastructure. Constitution.”

Statute 59

Statute Government Court Laws 59

JonathanTurley

DECEMBER 26, 2021

The Christmas Eve order for the New York Times to return confidential legal material from the conservative publication, Project Veritas, has led many to decry the imposition of a “prior restraint” on the media. That issue will be now be addressed in the courts. That issue will be now be addressed in the courts.

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Tort Legal Legal Lawyer 58

Conflict of Laws

MARCH 22, 2022

They discuss both important decisions and pending cases before the CJEU as well as important decisions from German courts pertaining to the subject matter of the article. For the first time, the CJEU has ruled in VEB v BP on the court competent for deciding liability suits regarding misinformation on the secondary securities market.

Contract 8

Contract Tort Litigation Litigating 8

SCOTUSBlog

FEBRUARY 23, 2024

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The Supreme Court took care of a lot of relist business at its last conference, denying review in four serially relisted cases, in each instance with separate writings from the justices. The court denied Trevino v.

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Tort Court Diligence Laws 110

Conflict of Laws

AUGUST 24, 2023

It is cross-posted at Transnational Litigation Blog. Claude Cassirer brought suit in federal court in California eighteen years ago against the Thyssen Bornemisza Museum of Madrid, Spain, to recover a painting by Camille Pissarro that was stolen from his grandmother by the Nazis during World War II.

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Laws Statute Court Tort 52

Constitutional Law Reporter

JUNE 17, 2022

Supreme Court held that the authority of a court to imply a cause of action under Bivens v. While the Court did not overrule Bivens , it did emphasize that recognizing a Bivens cause of action is “a disfavored judicial activity.”. The District Court declined to extend Bivens as re- quested, but the Court of Appeals reversed.

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Cause of Action Court Tort Immigration 52

JonathanTurley

SEPTEMBER 11, 2021

However, now the New York Times reports that we may have vaporized an innocent person who was loading water rather than munitions into his car. We just discussed such compensation system in my Torts class. ” However, the New York Times interviewed friends and family in Kabul as well as reviewed the tape of the attack.

Tort 52

Tort Government Litigation Litigating 52

SCOTUSBlog

OCTOBER 11, 2023

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. NBCUniversal was denied as anticipated , which drew a separate opinion from Justice Clarence Thomas noting that he would be inclined to reconsider New York Times v. From last week’s relists , Blankenship v.

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Laws Court Personal Injury Tort 84

SCOTUSBlog

OCTOBER 27, 2023

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. This Friday, the Supreme Court will be considering 196 petitions and applications at its conference. This Friday, the Supreme Court will be considering 196 petitions and applications at its conference.

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Court Laws Tort Litigation 87

JonathanTurley

SEPTEMBER 21, 2021

For torts scholars, it has been a bonanza of interesting issues touching on every element of defamation law. There is now an important ruling out of the United States Court of Appeals for the Eighth Circuit that could have enormous implications not just for the media but anyone who retweets stories or claims.

Tort 51

Tort Immigration Cause of Action Court Rules 51

The Crime Report

AUGUST 31, 2021

In 2016, the last time Elden recreated the pose as an adult, Elden even t old the New York Post that h e wanted to take the shot naked. Pop star Britney Spears , for example, recently compared her treatment under a court-ordered conservatorship to sex trafficking. not unwitting third parties. Marisa A.

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Statute Tort Litigation Litigating 132

JonathanTurley

NOVEMBER 20, 2021

In the aftermath of the Rittenhouse verdict, figures on both sides of the case threatened new filings and investigations. It seems likely that the case will move into a new stage of litigation, particularly civil litigation. That includes wrongful death actions much like the litigation against O.J. 157, 168 (1979).

Litigation 9

Litigation Litigating Tort Laws 9

InHouseOps

JULY 16, 2021

As a result, litigation under privacy laws protecting individuals’ biometric information has exploded. Such litigation will likewise continue to grow, as evidenced by the activity of the past few months. In February and early March, four major developments occurred regarding BIPA litigation. In re TikTok Inc.

Laws 52

Laws Litigation Litigating Personal Injury 52

JonathanTurley

MAY 6, 2021

Below is my column in The Hill on the Supreme Court’s rejection of the case of a former West Point cadet who was barred from suing over the handling of her alleged rape. The case would have allowed a reconsideration of the Feres Doctrine, one of the most damaging and pernicious doctrines ever created by the Supreme Court.

Court 39

Court Tort Litigation Litigating 39

SCOTUSBlog

NOVEMBER 30, 2023

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The Supreme Court is still slowly making inroads on the still-sizable number of lingering relists from the end-of-summer “long conference.” The court finally denied review on Nov. 20 in six-time relist E.I.

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Court Litigation Litigating Government 86

JonathanTurley

MARCH 21, 2021

While it has received little coverage in the mainstream media, the conservative group Project Veritas won a major victory against the New York Times this week in a defamation case with potentially wide reach. Notably, this follows another significant loss by the New York Times to Sarah Palin last year. seven times.

Tort 87

Tort Litigation Litigating Court 87

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.

Tort 47

Tort Litigation Litigating Manufacturing 47

JonathanTurley

NOVEMBER 27, 2020

In celebration of Thanksgiving, I give you our annual Turkey Torts of civil and criminal cases that add liability to libations on this special day (with past cases at the bottom). Indeed, the torts and crimes recorded this year seem painfully reminiscent of this loathsome year. Some things are happily left out of the courts.

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Tort Statute Criminal Law Court 33

JonathanTurley

OCTOBER 31, 2023

Below is an expanded version of my column in the New York Post on the return of Halloween and joy of little litigators in anticipation of the return of the festival of Samhain. Here is the column: With the arrival of Halloween, little children and litigators will again celebrate their favorite holiday. Six Flags St.

Tort 44

Tort Lawyer Lawyers Personal Injury Lawyer 44

SCOTUSBlog

NOVEMBER 1, 2023

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The Supreme Court did not grant review in any new cases since our last installment. The court did, however, deny review in one case that had been relisted three times – King v. Cargill , Guedes v.

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Court Contract Government Statute 104

JonathanTurley

AUGUST 23, 2023

Baldwin’s channeling of Trumpy arguments in court has proven equally successful. As expected, a court has ruled for Baldwin after finding that the sister of the fallen Marine was a limited public figure. I’m just going to say, ‘See you in court.’” That indeed proved to be the winning issue for Baldwin. ’”

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Tort Litigation Litigating Court 37