SCOTUSBlog

APRIL 4, 2022

The prosecution moved to dismiss “in the interest of justice” and a New York trial court dismissed the matter. Kavanaugh’s opinion for the court. Kavanaugh began by affirming that precedent from the court and lower courts recognized claims for unreasonable seizure pursuant to legal process under the Fourth Amendment.

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Tort Court Litigation Litigating 112

ClimateChange-ClimateLaw

MAY 23, 2018

Climate change nuisance litigation is entering a new and dynamic phase. Alsup in the federal district court in San Francisco will hear oral argument on motions to dismiss filed in City of Oakland v. Keenan of the Southern District of New York will hear oral argument on the motions to dismiss filed in City of New York v.

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Litigation Litigating Tort Cause of Action 52

SCOTUSBlog

FEBRUARY 21, 2024

The argument revealed a bench deeply skeptical of the uncertainty maritime insurance contracts would face under a lower-court decision limiting the enforcement of choice-of-law clauses in those contracts. The contract, like most American marine insurance contracts, called for the application of New York law. Zapata Off-Shore Co.

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Contract Laws Statute Litigation 86

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. The Hawai‘i Circuit Court’s decision.

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Court Tort Cause of Action Litigation 80

SCOTUSBlog

OCTOBER 5, 2023

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The Supreme Court has returned from its summer break and gotten down to business. The court agreed to review a dozen petitions from that conference. Several of them are sequels to earlier high court decisions.

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Court Tort Litigation Litigating 114

JonathanTurley

JANUARY 21, 2024

In my torts class, we discuss the often uncertain line between ordinary citizens and public figures. This week, the South Carolina Supreme Court handed down a major ruling in Cruce v. In New York Times v. As New York Times v. Berkeley County School Dist. Croce sued for $200,000.

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Sports Court Tort Government 35

Conflict of Laws

MARCH 23, 2024

As the conference would highlight on the second day, some legal systems, including Italy, France, and South Korea, which originally refused to recognise foreign decisions on grounds similar to those of the German Federal Court of Justice (BGH), have abandoned their strict refusal and adopted a more nuanced approach. Barnard [1964] AC 1129.

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Punitive Damages Compensatory Damages Tort Civil Law 57

JonathanTurley

OCTOBER 19, 2021

Conversely, New York charged a woman for calling police in a racially charged incident in Central Park. We also discussed a torts case involving a delay in calling police, but that case involved people who were deemed partially responsible for a death. In torts, there is no duty to rescue rule. Bigan , 397 Pa.

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Constitutional Law Reporter

MAY 13, 2022

Supreme Court held that to demonstrate a favorable termination of a criminal prosecution for purposes of the Fourth Amendment claim under 42 U.S.C. In January 2014, petitioner Larry Thompson was living with his fiancée (now wife) and their newborn baby in an apartment in Brooklyn, New York. Supreme Court’s Decision.

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Tort Court Constitutional Law Laws 52

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.

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Government Drafting Contract Laws 52

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.

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Cause of Action Immigration Tort Government 98

JonathanTurley

SEPTEMBER 9, 2021

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.

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Tort Court Compensatory Damages Punitive Damages 33

LPB Network

SEPTEMBER 1, 2021

Bankruptcy Court for the Southern District of New York approved a plan that gives individual members of the Sackler Family immunity from civil lawsuits relating to the opioid epidemic. Today Judge Robert Drain of the U.S. Here’s coverage from NPR,

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Court Tort 52

Conflict of Laws

DECEMBER 6, 2023

Ms Karpik commenced representative proceedings—a class action—in the Federal Court of Australia. These ‘US Terms and Conditions’ included a class action waiver clause, a choice of law clause selecting US maritime law, and an exclusive jurisdiction clause selecting US courts. The ship is registered in Bermuda.

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Contract Laws Court Statute 69

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 140

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 44

Manufacturing Laws Litigation Litigating 44

The IP Law Blog

MAY 12, 2022

West’s lawyer claims that the producers have committed the tort of false light invasion of privacy by creating a false impression about Mr. West that is highly offensive and injurious to his reputation and have also defamed Mr. West by attributing acts of rage to him that he never committed. In Fairstein v.

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Drafting Court Lawyer Lawyers 98

SCOTUSBlog

MAY 14, 2021

United States tests whether the First Amendment requires transparency of the Foreign Intelligence Surveillance Court. FISC proceedings are not open to the public, however, and the court rarely publishes its decisions. In October 2016, the ACLU filed a motion seeking access to the court’s opinions and orders from Sept.

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Tort Real Estate Court Laws 75

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.

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Tort Litigation Litigating Manufacturing 36

SCOTUSBlog

JANUARY 16, 2022

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. In 2005, after his petition was denied, Claude sued in federal district court in California, where he had lived since 1980.

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Tort Court Laws Litigation 126

The Fashion Law

SEPTEMBER 23, 2021

In the newly-filed suit, Evangelista claims that Delaware-based ZELTIQ is on the hook for products liability, negligence, breach of warranty, and various types of fraud, among other claims, in connection with its willfully “deceptive acts and practices and false and misleading advertising.”

Personal Injury 85

Personal Injury Compensatory Damages Manufacturing Tort 85

Paralegal Bootcamp

APRIL 15, 2022

Or do you prefer close-to-home, no-traffic drama and being out of the midst of the major law firms and courts? States with the highest employment levels were Florida, California, Texas, New York, and Illinois, with annual wages ranging from $52,100 to $60,390. That will dictate the “where.”

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Paralegal Paralegals Legal Assistant Legal Assistance 246

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 36

Tort Litigation Litigating Manufacturing 36

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. Attorneys are protected by absolute privilege in court in making harmful and even false statements. This was a statement made outside of court and subject to defamation challenges.

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Punitive Damages Tort Lawyer Lawyers 37

JonathanTurley

DECEMBER 6, 2023

The use of the headdress could be treated by a court as opinion since many denounce such images as cultural appropriation. Notably, that article was not on an opinion page, but the court found that the expression of the journalists opinion was obvious from the tenor of the column. In New York Times v. Curtis Publ’g Co.,

Punitive Damages 45

Punitive Damages Court Lawyer Lawyers 45

JonathanTurley

OCTOBER 14, 2022

United States District Court in the Eastern District of Pennsylvania Judge John Gallagher (E.D. In New York Times v. Sullivan, the Supreme Court crafted the actual malice standard that required public figures to shoulder the higher burden of proving defamation. There is an interesting ruling in Amor v.

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Tort Court Education Laws 32

JonathanTurley

APRIL 23, 2021

The standard for defamation for public figures and officials in the United States is the product of a decision over 50 years ago in New York Times v. The New York Times had run an advertisement referring to abuses of civil rights marchers and the arrest of Martin Luther King Jr. seven times.

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Tort Education Laws Court Rules 49

Conflict of Laws

JANUARY 20, 2022

More generally, the paper elucidates the tensions of competence between legislators and courts on both the EU and national levels due to the explicit legislative characterisation. Consequently, legal tensions with courts based in EU member states maintaining a more restrictive approach may become inevitable in the future due to Brexit.

Laws 40

Laws Contract Legal Legal 40

LawSites

JULY 7, 2022

There are a number of litigation analytics products on the market, and what they all have in common is that they extract data from court dockets and apply analytics to provide insights into how judges rule in particular times of matters. As it launches to the market, Pre/Dicta provides predictions only for motions to dismiss in federal court.

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Litigation Litigating Attorney Law School 98

JonathanTurley

JULY 14, 2021

Maud Maron is a public interest lawyer who is now at the center of a firestorm in New York. Then she wrote a column for the New York Post criticizing anti-bias training and how difficult such efforts were making it for many to stay in the public schools: “We all want a well-integrated, high-quality public-school system.

Lawyer 41

Lawyer Lawyers Legal Legal 41

Conflict of Laws

JULY 5, 2021

Remien : The European Succession Regulation and the many questions of the European court practice – five years after entry into force. but especially national court practice shows many interesting cases of the necessary overall assessment. The article pleads for an equilibrated multilateral approach. The long-awaited U.S.

Contract 52

Contract Procedural Law Court Laws 52

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. 2021, the bankruptcy court confirmed a plan to remake Purdue Pharma as a nonprofit devoted to addressing the public-health problems created by the opioid epidemic.

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Court Government Litigation Litigating 140

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

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Tort Court Felony Laws 43

LawSites

NOVEMBER 15, 2023

. ‘Transformational Change’ All of these developments were previewed yesterday to members of the media during a briefing by TR executives in the company’s Times Square office in New York. ” Requests for analytics, such as “Which law firm has the most torts cases in 2023 so far?”

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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 137

ClimateChange-ClimateLaw

NOVEMBER 1, 2016

The Ninth Circuit Court of Appeals reversed a district court decision that vacated the listing of the Beringia distinct population segment (DPS) of the Pacific bearded seal subspecies as “threatened” under the Endangered Species Act (ESA). West Virginia Federal Court Ordered EPA to Evaluate Clean Air Act’s Impacts on Coal Industry.

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Litigation Litigating Attorney Court 40

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.”

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Statute Government Court Laws 57