SCOTUSBlog

SEPTEMBER 17, 2021

United States considers constitutional limits to military courts’ jurisdiction over retired servicemembers. Begani was tried and convicted by court-martial. In his petition, Begani asks the Supreme Court to review this decision and to limit military jurisdiction over retirees. In 2011’s AT&T Mobility LLC v. Sundance, Inc.

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Contract Government Tort Court 79

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

Patently O

FEBRUARY 22, 2023

bankruptcy, class action, trademark, securities, and tort litigation, to the tune of $50 to $100 billion in investments annually. [10] That’s because current disclosure of litigation funding relies on a patchwork of state law, court rules, self-reporting, FOIA requests, leaks to journalists, and funding pitches.

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Litigation Litigating Court Finance 124

SCOTUSBlog

DECEMBER 3, 2023

Share Purdue Pharma’s bankruptcy deal, which will reach the Supreme Court for oral argument on Monday , is just one of many examples of recent unorthodox civil procedure maneuvers in public harms litigation. But can bankruptcy court solve a public health crisis? The opioid MDL came under scrutiny, including by the U.S.

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Litigation Litigating Tort Statute 89

JonathanTurley

NOVEMBER 28, 2022

Below is my column in The Hill on what is shaping up to be a major Supreme Court term on the issues of parody and satire under the First Amendment. The Court could reframe the constitutional limits for criminal and civil liability in two cases currently on the docket, including one recently granted review. VIP Products LLC.

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Court Tort Felony Litigation 42

JonathanTurley

MARCH 26, 2023

Foreman, a rapper also known as “Afroman,” is the subject of a filing in Ohio (below) by seven police officers alleging that he has misused their images to sell merchandise and place them in a false light. Courts have largely rejected those claims. I also have concerns over the false light claim.

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Tort Sports Laws Court 38

Conflict of Laws

AUGUST 24, 2023

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. It is cross-posted at Transnational Litigation Blog. After a reversal and remand from the U.S.

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Laws Statute Court Tort 52

SCOTUSBlog

JANUARY 8, 2021

This week we highlight cert petitions that ask the Supreme Court to consider cases and statutes about suing various government entities, ranging from two counties to a state governor to the United States itself. The district court ruled that Ex parte Young applied because Congress’ approval of the compact made it binding federal law.

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Government Tort Court Rules Court 83

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

JonathanTurley

AUGUST 31, 2022

The Ohio Supreme Court had rejected what should be Oberlin College’s final appeal of a verdict in favor of Gibson’s Bakery. Oberlin maintained in court filings that the son and grandson of the owners of Gibson’s Bakery “violently and unreasonably attacked” an unarmed student, but that is not how the police viewed it.

Litigation 58

Litigation Litigating Punitive Damages Misdemeanor 58

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

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 83

JonathanTurley

MAY 3, 2021

This is the flip side to lethal-force cases such as last month’s shooting of Ma’Khia Bryant , 16, in Columbus, Ohio, in which Officer Nicholas Reardon used lethal force to stop the stabbing of another girl. In 1855, the Supreme Court ruled in South v. For police officers, the city’s defense may seem as familiar as it is frustrating.

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Government Court Rules Court Education 55

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 47

Above The Law

OCTOBER 24, 2023

Ah, the classic "fourth trimester abortion." [ Huffington Post ] * Speaking of abortion, Ohio's GOP Attorney General put out his "non-partisan" assessment of the upcoming reproductive rights ballot measure and wouldn't you know it, returning to the status quo of the prior half century results in fire and brimstone.

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Tort Attorney Legal Legal 107

SCOTUSBlog

DECEMBER 24, 2021

Share This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether the Penobscot Nation has regulatory authority over the Penobscot River or only over certain islands in the river, and how broadly to construe the combatant-services exception to the Federal Tort Claims Act. United States.

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Tort Construction Court Laws 86

Conflict of Laws

FEBRUARY 29, 2024

The thirty-seventh annual survey on choice of law in the American courts is now available on SSRN. Choice of Law The Eighth Circuit applied Mexican law to a suit against General Motors over a car crash in Mexico, while an Ohio state court applied South African law to invalidate a marriage. In Yegiazaryan v.

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Laws Court Divorce Tort 73

SCOTUSBlog

APRIL 15, 2022

Congress passed the law after the Supreme Court held that states could not apply workers’ compensation statutes to federal facilities. Without this extension of coverage, the workers might be left without such protection and be forced to rely on a long, expensive civil tort case to obtain a remedy for workplace injury or disease.

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Contract Government Statute Construction 88

LawSites

DECEMBER 4, 2023

Demo video: [link] Founded: 5/1/2023, Columbus, Ohio Target customer: Solo, small firm, and legal Aid organizations that are engaged in litigation. We securely give fiduciaries access to assets when required with no password-sharing, no court orders, and correct titling. It also allows us to work internationally. We cover all the tech.

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Document Review Court Reporting Metadata Court Reporter 127

JonathanTurley

NOVEMBER 22, 2022

The most obvious form of civil liability would be some type of tort action. With 382 saleswomen and models, the court found that the group was too large. However, with the 25 salesmen, the court found that an action could be maintained. The Court in cases like New York Times v. This would fail for the same reason.

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Tort Court Rules Sports Court 49

SCOTUSBlog

JUNE 28, 2021

Share The Supreme Court said Monday it will not take up a dispute over whether transgender students must be allowed to use restrooms that match their gender identities. Court of Appeals for the 4th Circuit had relied in ordering the school board to allow Grimm to use the boys’ restroom. citizen to receive a benefit under state law.

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Immigration Court Government Education 95

JonathanTurley

JANUARY 19, 2022

chief judge of the United States Court of Appeals for the Eleventh Circuit. Pryor was on the short list for the Supreme Court under President Donald Trump. The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. 157, 168 (1979).

Laws 34

Laws Tort Court Diligence 34

ClimateChange-ClimateLaw

APRIL 9, 2021

The Second Circuit Court of Appeals affirmed the dismissal of New York City’s lawsuit seeking climate change damages from oil companies. The Second Circuit’s decision largely followed the reasoning of the district court’s 2018 decision. and Minnesota Federal Courts Remanded Climate Cases Against Fossil Fuel Industry.

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Court Statute Litigation Litigating 115

JonathanTurley

DECEMBER 3, 2023

The Supreme Court would ultimately affirm Trump’s underlying authority, but Yates refused to allow the Justice Department to assist a sitting president in defending that authority. Sullivan, the Supreme Court crafted the actual malice standard that required public officials to shoulder the higher burden of proving defamation.

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Depositions Tort Court Immigration 71

JonathanTurley

MARCH 31, 2021

In my view, the lawsuit contravenes free speech as well as controlling case law from the Supreme Court. The second “Count Five” is actually just a demand for punitive damages, rather than an actual separate tort. The Supreme Court still overturned the conviction. The 40-page lawsuit was written by D.C.

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Punitive Damages Tort Statute Court 50

The Crime Report

OCTOBER 23, 2023

Criminologically speaking, how does a schism exist between his 2024 supporters who believe in Trump’s persecution by the state and those who oppose the habitually corrupt former president’s third run for POTUS as Trump continues to provoke violence in violation of court orders not to?

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Tort Felony Construction Legal 135