Day on Torts

APRIL 6, 2022

Plaintiff’s initial complaint was filed in May 2009 and sought $1 million in compensatory damages and $1 million in punitive damages. Defendant was never served with this amended complaint, but the trial court entered a final judgment awarding plaintiff $3 million in total damages in August 2017. In Turner v.

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SquirePattonBoggs

FEBRUARY 25, 2021

And even though the circuit grants less than 20% of such motions, the questions still have to be accepted by the state supreme court. 2018), which held that Tennessee’s statutory cap on punitive damages violates the state constitution. But the certification process is often a rough road. Jackson Nat’l Life Ins. 3d 348 (6th Cir.

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JonathanTurley

DECEMBER 7, 2023

We have previously discussed retraction statutes that can limit damages or actions. Here is Alabama’s Section 6-5- 186 “Prerequisites to recovery of vindictive or punitive damages in action for libel. Code § 6-5-186, which The Times declined. The standard was later extended to public figures.

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At the Lectern

SEPTEMBER 2, 2021

Actions of note at yesterday’s Supreme Court conference included: Supreme Court might open Girardi’s State Bar disciplinary files. The court agreed to hear People ex rel. concerning California’s whistleblower statute. ” The court also granted review in Los Angeles Unified School District v. .”

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Constitutional Law Reporter

SEPTEMBER 15, 2021

By a vote of 5-4, the justices held that only a plaintiff concretely harmed by a defendant’s violation of the Fair Credit Reporting Act (FCRA) has Article III standing to seek damages against that private defendant in federal court. The FCRA also creates a cause of action for consumers to sue and recover damages for certain violations.

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FDA Law Blog

APRIL 23, 2021

The Supreme Court has handed down a decision in AMG Capital Management, LLC, et al. The question presented is whether this statutory language authorizes the Commission to seek, and a court to award, equitable monetary relief such as restitution or disgorgement. It did that by focusing on the text of the statute. By Karin F.R.

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SquirePattonBoggs

MAY 14, 2021

On Tuesday, the Sixth Circuit became the latest court to address what happens when a merchant fails to truncate a credit card number as directed by Congress. Under FACTA, any person who willfully violates this provision is liable for actual damages or statutory damages ranging from $100 to $1000, plus punitive damages and attorney’s fees.

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At the Lectern

DECEMBER 2, 2021

At the Supreme Court’s conference yesterday, with only six justices participating because of Justice Mariano-Florentino Cuéllar’s retirement a month ago, there were no straight grants of review, but there were some actions of note, including: The court granted-and-held in X.M. Superior Court. In X.M. , and In re N.N.

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JonathanTurley

OCTOBER 23, 2021

This incident could well prove a violation of a statute or regulation making the act “negligent per se.” 2d 774 (1998), bystanders can recover for emotional distress damages only when the injury is caused by a sudden, traumatic event and the plaintiff was aware that the event was causing injury to the victim. Legg, 441 P.2d

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JonathanTurley

DECEMBER 6, 2023

There are 33 states with retraction statutes. If a full and effective retraction is issued (and published as prominently as the offending statement), it can limit damages or bar punitive damages entirely in some states. In 1967, the Supreme Court handed down Time, Inc. He can claim that this was merely an opinion.

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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. 47 U.S.C. § 230(e)(3).

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ClimateChange-ClimateLaw

DECEMBER 2, 2022

On November 22, 2022, sixteen municipalities of Puerto Rico filed a lawsuit in the federal district court in Puerto Rico seeking to hold coal, oil, and gas companies liable for losses resulting from storms during the 2017 hurricane season and ongoing economic losses since that time. . By Korey Silverman-Roati and Maria Antonia Tigre.

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At the Lectern

JUNE 1, 2023

Superior Court , the Supreme Court today broadens the protections given by a statute that exempts public entities from “damages imposed primarily for the sake of example and by way of punishing the defendant.”

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The Fashion Law

NOVEMBER 23, 2021

On the heels of the high fashion retailer and the magazine publisher pushing back against the models’ claims in respective motions to dismiss, and a New York federal court stripping down the case, Condé Nast is trying to get the rest of the case – including the plaintiffs’ right of publicity and unjust enrichment claims – tossed out. .

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ClimateChange-ClimateLaw

DECEMBER 11, 2020

Federal Court Found Flaws in New Climate Change Analysis for Wyoming Oil and Gas Leases. The federal district court for the District of Columbia ruled that the U.S. Second, the court concluded that BLM should have calculated and considered total greenhouse emissions, instead of merely relying on comparisons of yearly emission rates.

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Conflict of Laws

AUGUST 30, 2023

167-189 (available here ) Chen, Wendy “Indirect Jurisdiction over the Recognition and Enforcement of Judgments of Foreign Courts in Compulsory Counterclaims”, Journal of Xingtai University 2019-04, pp. 1 of December 2018 (available here ) Nygh, Peter; Pocar, Fausto “Report of the Special Commission”, HCCH Prel.-Doc. 187-214 Coco, Sarah E. “On

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Conflict of Laws

NOVEMBER 23, 2021

The Court Jurisdiction and Proceedings Transfer Act and the Hague Judgments and Jurisdictions Projects”, Osgoode Hall Law Journal 55 (2018), pp 257-304. Indirect Jurisdiction over the Recognition and Enforcement of Judgments of Foreign Courts in Compulsory Counterclaims”, Journal of Xingtai University 2019-04, pp. Blom, Joost.

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Conflict of Laws

APRIL 4, 2023

167-189 (available here ) Chen, Wendy “Indirect Jurisdiction over the Recognition and Enforcement of Judgments of Foreign Courts in Compulsory Counterclaims”, Journal of Xingtai University 2019-04, pp. 1 of December 2018 (available here ) Nygh, Peter; Pocar, Fausto “Report of the Special Commission”, HCCH Prel.-Doc. 187-214 Coco, Sarah E. “On

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Conflict of Laws

JANUARY 11, 2022

The Court Jurisdiction and Proceedings Transfer Act and the Hague Judgments and Jurisdictions Projects”, Osgoode Hall Law Journal 55 (2018), pp 257-304. Indirect Jurisdiction over the Recognition and Enforcement of Judgments of Foreign Courts in Compulsory Counterclaims”, Journal of Xingtai University 2019-04, pp. Blom, Joost.

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Drafting Laws Litigation Litigating 52

Conflict of Laws

APRIL 20, 2022

Indirect jurisdiction and Swedish law – Analysis and inquiry of the jurisdiction of Swedish courts in relation to the 2019 Hague Convention on Recognition and Enforcement”. The Court Jurisdiction and Proceedings Transfer Act and the Hague Judgments and Jurisdictions Projects”, Osgoode Hall Law Journal 55 (2018), pp 257-304. 187-214.

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Drafting Laws Litigation Litigating 52

Conflict of Laws

FEBRUARY 16, 2022

Indirect jurisdiction and Swedish law – Analysis and inquiry of the jurisdiction of Swedish courts in relation to the 2019 Hague Convention on Recognition and Enforcement”. The Court Jurisdiction and Proceedings Transfer Act and the Hague Judgments and Jurisdictions Projects”, Osgoode Hall Law Journal 55 (2018), pp 257-304. 187-214.

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Drafting Laws Litigation Litigating 52

Conflict of Laws

DECEMBER 7, 2021

The Court Jurisdiction and Proceedings Transfer Act and the Hague Judgments and Jurisdictions Projects”, Osgoode Hall Law Journal 55 (2018), pp 257-304. Indirect Jurisdiction over the Recognition and Enforcement of Judgments of Foreign Courts in Compulsory Counterclaims”, Journal of Xingtai University 2019-04, pp. Blom, Joost.

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Drafting Laws Litigation Litigating 52

Conflict of Laws

FEBRUARY 15, 2023

167-189 (available here ) Chen, Wendy “Indirect Jurisdiction over the Recognition and Enforcement of Judgments of Foreign Courts in Compulsory Counterclaims”, Journal of Xingtai University 2019-04, pp. 1 of December 2018 (available here ) Nygh, Peter; Pocar, Fausto “Report of the Special Commission”, HCCH Prel.-Doc. 187-214 Coco, Sarah E.

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Drafting Laws Litigation Litigating 40

Conflict of Laws

AUGUST 31, 2022

Brexit and the Future of Private International Law in English Courts”, Oxford 2022. Indirect jurisdiction and Swedish law – Analysis and inquiry of the jurisdiction of Swedish courts in relation to the 2019 Hague Convention on Recognition and Enforcement”. “Report of the Special Commission”, HCCH Prel.-Doc. Bibliography. Blom, Joost.

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Drafting Laws Litigation Litigating 40

Conflict of Laws

JUNE 21, 2022

Brexit and the Future of Private International Law in English Courts”, Oxford 2022. Indirect jurisdiction and Swedish law – Analysis and inquiry of the jurisdiction of Swedish courts in relation to the 2019 Hague Convention on Recognition and Enforcement”. “Report of the Special Commission”, HCCH Prel.-Doc. Bibliography. Blom, Joost.

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Conflict of Laws

SEPTEMBER 28, 2022

Brexit and the Future of Private International Law in English Courts”, Oxford 2022. Indirect jurisdiction and Swedish law – Analysis and inquiry of the jurisdiction of Swedish courts in relation to the 2019 Hague Convention on Recognition and Enforcement”. “Report of the Special Commission”, HCCH Prel.-Doc. Bibliography. Blom, Joost.

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ClimateChange-ClimateLaw

OCTOBER 20, 2020

Federal Court in Rhode Island Allowed Failure-to-Adapt Claims to Proceed. The federal district court for the District of Rhode Island for the most part denied a motion to dismiss a citizen suit asserting that Shell Oil Products US and other defendants (Shell) failed to prepare a terminal in Providence for the impacts of climate change.

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ClimateChange-ClimateLaw

NOVEMBER 16, 2020

Oregon Supreme Court Said Public Trust Doctrine Did Not Impose Obligation to Protect Resources from Climate Change. With respect to the scope of the doctrine, the Supreme Court said the public trust doctrine extends both to the State navigable waters and to the State’s submerged and submersible lands. (A FEATURED CASE. Chernaik v.

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ClimateChange-ClimateLaw

MAY 7, 2021

Supreme Court seeking review of the D.C. Circuit majority opinion’s interpretation was foreclosed by the statute and violated separation of powers. The states argued that the Supreme Court’s stay of the Clean Power Plan while it was under review by the D.C. FEATURED CASE. States and Coal Company Sought Review of D.C.

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SCOTUSBlog

OCTOBER 5, 2021

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. But I’ll be even more summary than usual today because of the press of business We finally may have gotten an explanation why the court rescheduled Dignity Health, Inc. In addition, the court relisted: Boardman v.

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JonathanTurley

FEBRUARY 3, 2022

It seeks an order from the court to “permanently enjoin” the defendants from violating said laws again despite the fact that they are now private citizens. It also seeks nominal, compensatory, consequential, and punitive damages; and attorneys’ fees and costs. Rather, he wants a court to allow him to sue Trump Jr.

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ClimateChange-ClimateLaw

NOVEMBER 7, 2017

Bankruptcy Court Said California City and Counties Could Not Sue Coal Company for Climate Change Impacts. A federal bankruptcy court in Missouri enjoined San Mateo and Marin Counties and the City of Imperial Beach (the plaintiffs) from pursuing their climate change lawsuits against Peabody Energy Corporation (Peabody). FEATURED CASE.

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JonathanTurley

MARCH 31, 2021

In my view, the lawsuit contravenes free speech as well as controlling case law from the Supreme Court. The officers seek $75,000 in damages in their complaint but also ask for unspecified punitive damages. COUNT FOUR (Violation of a Public Safety Statute: D.C. COUNT FIVE (Violation of a Public Safety Statute: D.C.

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