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“Corners Were Being Cut”: Baldwin Shooting Already Has The Makings of a Blockbuster Tort Action

JonathanTurley

The fatal shooting at Bonanza Creek Ranch already has the makings of a blockbuster tort action. ” The question is not whether but when the first torts lawsuit will be filed. .” What is clear is that there is an abundance of evidence to support a tort action even at this early stage.

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The Case for Punishing ‘Police Bystanders’

The Crime Report

Describing three Minneapolis officers who watched their colleague Derek Chauvin murder George Floyd as a deadly case of “police bystanderism,” University of Houston Law Prof. Kaufman writes that Congress and state legislatures should enact criminal laws mandating a “duty to intervene” in their colleagues’ misuse of force.

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Who’s Afraid of Punitive Damages? – Conference in Augsburg, Germany

Conflict of Laws

Rademacher took a closer look at the BGH’s landmark decision from 1992, which deemed the concept of punitive damages intolerable in Germany mainly because its function to punish and deter doesn’t fall in the scope of German private law’s concept of strict compensation; punishment and deterrence are entirely reserved for criminal law.

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Too Clever By Half: Why Public Nuisance is Again at the Heart of a Public Health Debate

JonathanTurley

Public nuisance was originally addressed in England by criminal laws against such offenses as obstructing “the King’s highways.” Yet the torts system has an elaborate and well-functioning system of product liability. By alleging a nuisance that creates a continuing injury, litigants can dispense with the statute of limitations.

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Roughing the Protester? Activist Tackled by Rams Players Files Police Report and Threatens Lawsuit

JonathanTurley

The common law allowed for citizen arrests as members of the public responded to the “hue and cry” of others. The Statute of Winchester stated that citizens should “follow them with all the town and the towns near, with hue and cry from town to town until that they be taken and delivered to the sheriff.”

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Australia High Court Delivers Major Blow to Free Speech In Defamation Ruling

JonathanTurley

The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. Congress recognized the threat that tort-based lawsuits pose to freedom of speech in the new and burgeoning Internet medium. 47 U.S.C. §

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Tarasoff Revisited: Nebraska Court Rejects Liability Of Psychiatrist After Patient Murders Girlfriend

JonathanTurley

There is a tragic case out of Omaha that has led to a notable decision over tort liability for psychiatrists. Regents of University of California , which I teach in my torts class. There is also an interesting concurring opinion by Justice Jonathan Papik on the broader scope given the statute by the Court. ” Munstermann v.

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