SCOTUSBlog
JANUARY 11, 2022
Court of Appeals for the District of Columbia Circuit concluding that tolling is available for a similarly worded tax provision. It will also add to the court’s precedent on the interaction between the law of equity and the technicalities of federal statutes. The issue has split circuits, with the U.S.
SCOTUSBlog
JANUARY 16, 2022
Four of them – the 2nd, 5th, 6th, and District of Columbia Circuits – have answered in the affirmative. Second, the brief draws an analogy to the Federal Tort Claims Act, which subjects the federal government to certain tort claims “in the same manner and to the same extent as a private individual.” Does Klaxon apply?
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JonathanTurley
JUNE 30, 2021
Roughly 30 states and the District of Columbia have statutes allowing for recovery for wrongful convictions and imprisonment. Pennsylvania cases for malicious prosecution are based on the Restatement (Second) of Torts. Pennsylvania is not one of them (which is quite surprising). However, recently Gov.
SCOTUSBlog
OCTOBER 11, 2023
Yes, the statute really does have a full cite to the opinion in it. Court of Appeals for the District of Columbia Circuit concluded that the Civil Service Reform Act barred such a suit brought by Jason Payne, a civilian employee of the Department of the Navy. Nelson ,…517 U.S. Kivett , and the New York state law in Cantero v.
JonathanTurley
DECEMBER 19, 2021
I’ve discussed the New York public nuisance law aimed at gun manufacturers, a law that doubles down on a failed legal theory using torts as a substitute for direct legislative bans or barriers. In 2008, the District of Columbia in 2008 brought us District of Columbia v. In 2010, Chicago brought us McDonald v.
ClimateChange-ClimateLaw
NOVEMBER 16, 2020
The First Circuit—like the Fourth, Ninth, and Tenth Circuits in other climate change cases—concluded that the scope of its appellate review was limited to whether the defendants properly removed the case under the federal-officer removal statute. District of Columbia v. Exxon Mobil Corp. , 1:20-cv-01932 (D.D.C.): Delaware v.
ClimateChange-ClimateLaw
OCTOBER 7, 2019
The federal district court for the District of South Dakota temporarily enjoined enforcement of provisions of a riot boosting statute enacted in South Dakota in 2019 in response to anticipated protests of the Keystone XL pipeline. The court also declined to “create a new tort named abusive litigation.” 19-1140 et al.
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