Above The Law

AUGUST 31, 2023

* Ron DeSantis rammed through massive tort reform in December to the delight of Florida residents who barely understand torts. CNN ] * Texas GOP's "Death Star" legislation, designed to give the state legislature the power to strike down local laws and ordinances destroyed like all Death Stars because of tiny, yet fatal, flaw.

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JURIST

NOVEMBER 23, 2023

According to a report by law firm software company Clio , AI can offer speed, efficiency and cost-effectiveness benefits. In February, law firm Allen & Overy integrated Harvey, an AI platform specializing in machine learning and data analytics, into its international practice.

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Above The Law

MAY 21, 2021

Everything's Bigger In Texas : Including tort liability after absolutely nutty abortion bill signed into law. There's No Such Thing As A Free Lunch : Unless you work at Ropes & Gray! Shocking No One, Republican Slept With A Child : But the Wyoming congressional hopeful thinks we should let it slide.

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Tort Lawyer Lawyers Laws 101

JonathanTurley

OCTOBER 26, 2021

We have previously discussed “ Castle Doctrine ” and “ Stand Your Ground ” laws. The latest such case comes from Martindale, Texas where Terry Duane Turner, 65, is charged with the first-degree murder of Adil Dghoughi, 31. What is notable is that Turner is relying on the SYG law rather than the Castle Doctrine.

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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.

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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. She also threatened another woman with a carving knife.

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SCOTUSBlog

FEBRUARY 23, 2024

It finally denied review in the two cases challenging New York rent stabilization laws as a taking, which had been relisted 11 times since the court’s end-of-summer long conference. The court also took action in a pair of recently relisted cases involving the lawfulness of a Washington state electoral district. Palmer without comment.

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Conflict of Laws

OCTOBER 3, 2022

courts interpret choice-of-law clauses. That paper contains a detailed discussion of the most common interpretive issues—whether the clause selects the tort laws of the chosen jurisdiction in addition to its contract laws, for example—that arise in litigation. Jeff argued for the laws at the time of signing.

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Laws Drafting Litigation Litigating 52

JonathanTurley

FEBRUARY 7, 2023

In my torts class, I teach “Dram Shop” cases where bars and restaurants are subject to civil liability for “overserving” customers. Bartenders often complain that the Dram Shop laws expect them to monitor individual customers in what are often busy and crowded bars.

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JonathanTurley

DECEMBER 1, 2021

There is another tragic case out of Texas involving rivaling claims of self-defense and provocation. The case could present some difficult questions under the state’s Stand Your Ground and Castle doctrine laws. The Texas SYG law states in part : Sec. The law requires that the use of force is “reasonable.”

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Laws Divorce Misdemeanor Tort 37

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. Steven Novak, an artist from Dallas, Texas, believes that Halloween should be a bit more than a traditional plastic pumpkin and a smiling ghost.

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Tort Litigation Litigating Manufacturing 36

JonathanTurley

DECEMBER 29, 2022

Guillard is a Texas-based social media commentator, and accused Scofield of arranging the murder of Xana Kernodle, her boyfriend Ethan Chapin, and Kernodle’s roommates Maddie Mogen and Kaylee Goncalves in their Moscow (Idaho) house on Nov. Scofield denies ever meeting any of the victims, let alone having an affair with one of them.

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Tort Litigation Litigating Lawyer 34

Intelligize Blog

APRIL 27, 2023

The UK-based theater chain began Chapter 11 proceedings in Texas in September and announced in January that it would close 39 Regal Cinemas theaters across the United States. However, the bankruptcy story generating the most interest in the business and legal worlds now may be Johnson & Johnson’s attempt to pull off a “ Texas Two-Step.”

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Tort Entertainment Manufacturing Legal 70

JonathanTurley

MARCH 4, 2023

Roughly 200 human rights organizations are asking the United Nations to declare that the United States is a violator of “international human rights law” because some states have passed pro-life laws after the Supreme Court’s Dobbs decision. … We Americans have a method for making the laws that are over us.

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SCOTUSBlog

APRIL 21, 2021

United States that the Federal Tort Claims Act, through which Congress generally waived the federal government’s sovereign immunity from tort liability, does not extend to service-members’ injuries that “arise out of or are in the course of activity incident” to a person’s active duty service in the military. Wright , 20-940.

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SCOTUSBlog

JANUARY 8, 2021

However, in 1908’s Ex parte Young , the Supreme Court allowed suits against state officials, in lieu of states themselves, for violations of federal law. After New Jersey passed legislation in 2018 to withdraw from the compact, the waterfront commission sued the New Jersey governor to prevent him from enforcing the law. United States.

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SCOTUSBlog

APRIL 29, 2022

The answer had consequences for a tort suit brought by Bradley LeDure, a former Union Pacific engineer who fell on a locomotive while it was parked in an Illinois railyard. Equally divided decisions are not precedential: The 7 th Circuit’s decision is left in place but does not become the law of the land.

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SCOTUSBlog

NOVEMBER 29, 2021

which the Supreme Court will hear on Tuesday, is about the types of remedies that plaintiffs may recover when they prove violations of certain federal anti-discrimination laws — in particular, whether such plaintiffs may recover damages for emotional distress. Here the Supreme Court’s case law on “spending clause” legislation comes into play.

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Court Laws Compensatory Damages Statute 79

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.

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Paralegal Paralegals Legal Assistant Legal Assistance 246

Paralegal Bootcamp

APRIL 27, 2023

Jessie is a board certified trial paralegal in Texas. She was a personal injury attorney and they were looking for a receptionist for their small law firm. I decided I wanted to get a paralegal certificate through a program that the University of North Texas offered. In this blog, I’m interviewing Jessie Foss.

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Paralegal Certificate Paralegal Paralegals Bar Exam 130

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. Court of Appeals for the 9th Circuit rejected that claim. Four years ago, the Supreme Court held in Nieves v.

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SCOTUSBlog

APRIL 15, 2023

This week, we highlight cert petitions that ask the court to consider, among other things, whether a Washington state law that bars licensed therapists from practicing conversion therapy on children violates the First Amendment. Nineteen other states and the District of Columbia have similar laws. But the 9th Circuit disagreed.

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Cause of Action Tort Court Laws 70

JonathanTurley

SEPTEMBER 21, 2023

We have previously discussed Castle Doctrine laws or “make my day” laws, including other cases involving garage shootings or shootings off the property of the homeowner. The common law has long offered ample protections even for reasonable mistakes. The SYG law was widely debated with the George Zimmerman murder case.

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Tort Laws Felony Lawyer 37

JonathanTurley

JANUARY 10, 2024

Some of us have also questioned his integrity , particularly in controversies like the false claims that border agents whipped migrants in Texas. Despite decades of controversial cabinet members accused of flaunting the law or abusing their positions, Congress has only crossed this Rubicon once. It is a matter of discretion.

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Misdemeanor Immigration Tort Laws 40

JonathanTurley

AUGUST 28, 2023

It is an all-too-familiar pattern that we often discuss in my torts class where people are confused and try to enter the wrong home. The common law has long offered protections even for reasonable mistakes. Castle doctrine states codified and, in some states, expanded on those common law protections.

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Tort Laws Criminal Law Legal 36

Conflict of Laws

APRIL 26, 2021

Dickinson: Realignment of the Planets – Brexit and European Private International Law. The principal focus will be on questions of jurisdiction, the recognition and enforcement of judgments and choice of law for contract and tort. The payment of such road tolls can be organized either under public or under private law.

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Contract Legal Legal Procedural Law 52

JonathanTurley

SEPTEMBER 22, 2022

Indeed, I teach in torts where an immigrant to the United States filed a tort action for an involuntary inoculation upon entry in O’Brien v. The complaint is stronger on rhetoric than supporting facts or law. The filing of a lawsuit upon entry to the United States is not unprecedented, of course.

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Tort Immigration Litigation Litigating 45

SCOTUSBlog

JUNE 24, 2023

This week, we highlight cert petitions that ask the court to consider, among other things, PETA’s First Amendment challenge to a North Carolina law that imposes monetary damages on undercover workplace recording. The law at issue was enacted in response to a dispute between Food Lion and ABC News in North Carolina in the late 1990s.

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JonathanTurley

NOVEMBER 8, 2021

We had just finished discussing animal liability in my torts when a bizarre case from Halloween surfaced involving the girlfriend of Texas special teams coach Jeff Banks. and they say my torts exams are unrealistic. Under the common law, domesticated animals like dogs are treated under a negligence standard.

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Tort Legal Legal Litigation 33

JonathanTurley

DECEMBER 9, 2020

The lawsuit strikes me as meritless under governing tort doctrines. Torts cases of defamation often turn common understanding of such expression as jokes or opinion. The lawsuit not only contradicts governing case law but threatens constitutional protections for free speech and the free press in seeking such tort relief.

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Tort Lawyer Lawyers Court Rules 34

SCOTUSBlog

SEPTEMBER 17, 2022

Sineneng-Smith , the justices reversed a circuit-court decision that struck down a federal law criminalizing the act of “encourag[ing] or induc[ing]” noncitizens to enter or remain in the United States for financial gain. Williamson County, Texas. From 2012 to 2016, Hansen earned an estimated $1.8 In United States v. Mansfield v.

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JonathanTurley

JULY 27, 2021

They argue that his Nazi flags are protected First Amendment speech and that he had a right to defend himself under the law. I do not see the reasonable basis for such a use of force in this case even under the highly deferential standards of SYG laws. I teach these cases in my torts class and they raise many of the same issues.

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Tort Laws Felony Court 46

SCOTUSBlog

JUNE 16, 2022

Smith , which holds that laws of general applicability that burden religious exercise are not subject to strict scrutiny. A federal district court awarded Hardeman $25 million after a jury concluded that Monsanto had violated California law by not warning him that Roundup could cause cancer. Both the district court and the U.S.

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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.

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JonathanTurley

JUNE 16, 2021

The complaint below details how Reed stole a handgun from a pawn shop in Texas and livestreamed himself committing a “drive-by” shooting in which he fired the stolen handgun blindly into buildings as he drove past. However, this is now a defamation action which could present significant challenges based on the elements for the tort.

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JonathanTurley

JULY 7, 2021

There was a remarkable decision by a Texas federal judge this week when U.S. District Judge Xavier Rodriguez for the Western District of Texas ruled that the Air Force was legally at fault for the 2017 mass shooting in Sutherland Springs, Texas by Devin Patrick Kelley.

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Court Rules Punitive Damages Court Government 45

Patently O

FEBRUARY 22, 2023

1] He is also an adjunct professor at American University Washington College of Law. ten years ago—at least in part due to longstanding common law rules on champerty, maintenance, [3] and patent law’s relative high risk—today third-party litigation funding (TPLF) [4] undergirds about 30% of all patent litigation, by conservative estimates. [5]

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