Conflict of Laws

NOVEMBER 3, 2022

Distinguished Professor at the University of North Carolina School of Law, and Mitu Gulati, the Perre Bowen Professor of Law at the University of Virginia School of Law. Even at the time, it was uncertain whether Venezuelan law authorized the transaction. Sovereign Debt and Choice-of-Law Clauses. Stockton, Jr.

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Government Drafting Contract Laws 52

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. Of the $138.7

Manufacturing 45

Manufacturing Laws Litigation Litigating 45

JonathanTurley

OCTOBER 19, 2021

Generally there is no duty to rescue or to call police under the common law. The law covers violent crimes, sexual assault, and assault of a child. I am unaware of such a law in Pennsylvania, but these laws are rarely enforced. In torts, there is no duty to rescue rule. Cf: Restatement, Torts, § 322.

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Tort Misdemeanor Legal Legal 43

SCOTUSBlog

OCTOBER 5, 2023

Ferguson involves a First Amendment challenge to Washington state’s law prohibiting “conversion therapy,” the practice of seeking to change a gay or transgender person’s sexual orientation or gender identity through counseling. A federal district court in North Carolina ultimately invalidated much of the law, and the U.S.

Court 105

Court Tort Litigation Litigating 105

LawSites

NOVEMBER 15, 2023

It also previewed its coming integration of Casetext CoCounsel as an AI legal assistant across multiple TR products, including Westlaw Precision, Practical Law, Document Intelligence, and HighQ. starting with the UK, Canada, Australia, and New Zealand. Precision customers at no extra cost. Now we know more details.

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Legal Research Legal Assistant Legal Assistance Laws 118

Conflict of Laws

DECEMBER 6, 2023

She asserted claims in tort and under the Australian Consumer Law ( ACL ) in schedule 2 to the Competition and Consumer Act 2010 (Cth) ( CCA ) against companies behind the ship: Carnival plc and its subsidiary, Princess Cruise Lines Ltd (together, Princess ). The ship is registered in Bermuda.

Contract 67

Contract Laws Court Statute 67

Conflict of Laws

MARCH 23, 2024

It evidently has not stopped claimants from seeking enforcement of punitive damage awards in other civil law legal systems. In his paper on “Compensation, Punishment, and the Idea of Private Law”, Lukas Rademacher (University of Kiel) explained the idea of punitive damages and its compatibility with German private law.

Punitive Damages 56

Punitive Damages Compensatory Damages Tort Civil Law 56

ClimateChange-ClimateLaw

FEBRUARY 23, 2022

Many of these cases asserted nuisance and other tort law claims. More recently, states and municipalities have asserted claims under consumer protection laws.). The court distinguished the Second Circuit’s decision in City of New York v. Chevron Corp. Chevron Corp.

Court 81

Court Tort Cause of Action Litigation 81

Conflict of Laws

JANUARY 20, 2022

The third issue of the Journal of Private International law for 2021 was released today. Patrick Ostendorf, “ The choice of foreign law in (predominantly) domestic contracts and the controversial quest for a genuine international element: potential for future judicial conflicts between the UK and the EU?”

Laws 40

Laws Contract Legal Legal 40

Constitutional Law Reporter

MAY 13, 2022

In January 2014, petitioner Larry Thompson was living with his fiancée (now wife) and their newborn baby in an apartment in Brooklyn, New York. Thompson’s sister-in-law, who apparently suffered from a mental illness, called 911 to report that Thompson was sexually abusing the baby. Facts of the Case.

Tort 52

Tort Court Constitutional Law Laws 52

LawSites

AUGUST 9, 2022

As states seek to find innovative ways to address the access-to-justice crisis, a key component has been eliminating or loosening the prohibition on non-lawyer ownership of law firms. as they relate to nonlawyer ownership of law firms, the unauthorized practice of law, or any other subject.”.

Legal Services 87

Legal Services Law Firm Law Firms Lawyer 87

Paralegal Bootcamp

APRIL 15, 2022

Floating means you aren’t intentional, and you stumble into an area of law, a type of law firm, or a specific position in a firm that may not be the best fit. If you are new, you may not understand the pros and cons of working for a solo practitioner or smaller firm versus a large (or gargantuan) law practice.

Paralegal 246

Paralegal Paralegals Legal Assistant Legal Assistance 246

SCOTUSBlog

MARCH 1, 2022

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. Subsequent to the events giving rise to this case, Boule pleaded guilty to aiding and abetting violations of Canadian immigration law over human smuggling and was sentenced to time served.

Cause of Action 91

Cause of Action Immigration Tort Government 91

The Fashion Law

SEPTEMBER 23, 2021

The post Linda Evangelista Files Products Liability, Fraud Suit Over Cosmetic Procedure That Destroyed Her Quality of Life appeared first on The Fashion Law. Zeltiq Aesthetics, Inc. , 1:21-cv-07889 (SDNY).

Personal Injury 85

Personal Injury Compensatory Damages Manufacturing Tort 85

JonathanTurley

JANUARY 21, 2024

In my torts class, we discuss the often uncertain line between ordinary citizens and public figures. In New York Times v. I have previously written about the continuing questions over the inclusion of the public figures with public officials in tort actions. As New York Times v. Croce sued for $200,000.

Sports 35

Sports Court Tort Government 35

JonathanTurley

MAY 21, 2021

The New York Times is reporting that a Rutgers Law Professor and law student are under fire after the student reluctantly read the n-word in a 1993 legal opinion. That triggers a petition from students to demand action from the law school and apologies from both the professor and the student.

Laws 45

Laws Tort Law School Education 45

SCOTUSBlog

JANUARY 16, 2022

It eventually travelled to New York and then to Saint Louis, Missouri, where it remained until 1976. He sued both Spain and the museum, alleging California common law claims including conversion and unlawful possession of personal property, and sought both damages and the return of the painting. 1605(a)(3) ).

Tort 121

Tort Court Laws Litigation 121

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.

Tort 36

Tort Litigation Litigating Manufacturing 36

SCOTUSBlog

MAY 14, 2021

Arguing that “transparency of the judicial process is central to the rule of law,” the ACLU asks the justices for review. United States , a case of statutory interpretation over the 2018 First Step Act, which Congress passed in part to make retroactive a 2010 law that reduced the sentencing disparity between crack cocaine and power cocaine.

Tort 69

Tort Real Estate Court Laws 69

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.

Drafting 98

Drafting Lawyer Lawyers Court 98

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. The next scary moment is likely to be in the form of a torts complaint.

Tort 37

Tort Litigation Litigating Manufacturing 37

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. seven times.

Tort 51

Tort Education Laws Court Rules 51

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. The defamation laws are far more advantageous for defendants in the UK and most plaintiffs try to litigate such claims in the U.S. YouTube screengrab. Sullivan standard for defamation.

Punitive Damages 38

Punitive Damages Tort Lawyer Lawyers 38

JonathanTurley

SEPTEMBER 9, 2021

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 Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. For Civil Rights Under Law, Inc.

Tort 34

Tort Court Compensatory Damages Punitive Damages 34

Conflict of Laws

JULY 5, 2021

Choice of law by the testator is particularly important and a notary should point not only at the present situation, but also at possible developments in the future. The position of the surviving spouse under § 1371 BGB in German law has become a highly debated subject and here the aspect of free movement of persons is highlighted.

Contract 52

Contract Procedural Law Court Laws 52

JonathanTurley

DECEMBER 6, 2023

Missouri does not appear to have a formal retraction law, but it is still considered a necessary step. Judge Frank Easterbrook wrote that “although the article drips with disapproval of Wilkow’s (and the judges’) conduct, an author’s opinion about business ethics isn’t defamatory under Illinois law.” In New York Times v.

Punitive Damages 46

Punitive Damages Court Lawyer Lawyers 46

JonathanTurley

MAY 13, 2021

He is facing both criminal and potential tort liability for the tiger incident. Notably, according to the New York Post, there were also two monkeys living with Cuevas in the house but that is not itself unlawful. On the tort side, Cuevas is liable for any injuries caused by a wild animal in his possession.

Tort 31

Tort Misdemeanor Felony Lawyer 31

Conflict of Laws

AUGUST 24, 2023

This post is by Carlos Manuel Vázquez , a professor of law at Georgetown Law School. Supreme Court last summer, the case is now before the Ninth Circuit for decision of the legal question that is likely to be decisive: which law governs? It is cross-posted at Transnational Litigation Blog.

Laws 52

Laws Statute Court Tort 52

LawSites

JULY 7, 2022

Is the judge influenced by the prestige of the firm, the law schools of the lawyers, their political affiliations, or the nature of the company? But it plans to expand to cover other types of motions, such as summary judgment, and to include state courts, with California, New York and Texas already in development.

Litigation 95

Litigation Litigating Attorney Law School 95

Patently O

MARCH 12, 2021

I teach Introduction to Intellectual Property Law every spring semester, an experience that often causes me to reflect on some of the fundamental premises of intellectual property law in a way that advanced courses don’t necessarily always invite. I grew up steeped in the world of property law.

Legal 65

Legal Legal Small Business Litigation 65

JonathanTurley

JULY 14, 2021

Maud Maron is a public interest lawyer who is now at the center of a firestorm in New York. A mother of four who graduated from Cardozo Law School and became a public defender with the Legal Aid Society. This growing intolerance for free speech has even reached law schools, as discussed in a column this week.

Lawyer 42

Lawyer Lawyers Legal Legal 42

JonathanTurley

JUNE 16, 2021

The use of force in such a circumstance is justified under Indiana Code 35-41-3-3(b): A law enforcement officer is justified in using reasonable force if the officer reasonably believes that the force is necessary to effect a lawful arrest. ?However, The only question is whether this is actionable as a matter of torts.

Tort 44

Tort Court Felony Laws 44

JonathanTurley

OCTOBER 14, 2022

That led to the question of whether the couple should be treated as mere peasants (private individuals) or the royalty of defamation law (public figures). In New York Times v. I have previously written about the continuing questions over the inclusion of the public figures with public officials in tort actions.

Tort 33

Tort Court Education Laws 33

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 NLRB general counsel issued a complaint, finding merit to the Teamsters’ allegation.

Tort 134

Tort Government Court Litigation 134

JonathanTurley

DECEMBER 26, 2021

The Christmas Eve order for the New York Times to return confidential legal material from the conservative publication, Project Veritas, has led many to decry the imposition of a “prior restraint” on the media. One question, however, remains: when will the FBI raid the home of New York Times publisher, A.G. Sulzberger ?

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Tort Legal Legal Lawyer 58

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.”

Statute 59

Statute Government Court Laws 59

ClimateChange-ClimateLaw

NOVEMBER 1, 2016

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. New York Court Ordered Exxon and Its Accountant to Comply with Attorney General’s Subpoena. and non-U.S. climate litigation charts. Healey , No.

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