JonathanTurley

JUNE 16, 2021

However, this is now a defamation action which could present significant challenges based on the elements for the tort. The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. The only question is whether this is actionable as a matter of torts.

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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.

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Statute Government Court Laws 58

The Crime Report

AUGUST 31, 2021

Not only does it ensure media coverage, but it affords litigation advantages over other intentional assault type claims. If these same claims are pleaded as a trafficking offense, the statute of limitations under Section 1595 is ten years compared to some intentional tort statutes of a year or less. not unwitting third parties.

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Statute Tort Litigation Litigating 132

SCOTUSBlog

OCTOBER 27, 2023

Brownback , 22-912 Issue : Whether the Federal Tort Claims Act’s judgment bar, which this court has repeatedly said functions in much the same way as the common-law doctrine of res judicata, nevertheless operates to bar claims brought together in the same action. Maryland and Napue v. ” (relisted after the Sept.

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Court Laws Tort Litigation 88

SCOTUSBlog

OCTOBER 11, 2023

For insured claims, the insurer would have to seek the same information in litigation on a case-by-case basis. The solicitor general notes other instances where Munsingwear vacatur was permitted after the executive ceased certain contested policies for reasons “ undertaken in good faith and for reasons unrelated to litigation.”

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Laws Court Personal Injury Tort 84

SCOTUSBlog

NOVEMBER 30, 2023

Abbott , involving a challenge to the use of nonmutual offensive collateral estoppel to hold that issues resolved in bellwether tort trials bind the defendant in later cases. The court finally denied review on Nov. 20 in six-time relist E.I. du Pont de Nemours & Co. Remarkably, six petitions still remain from the long conference.

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JonathanTurley

OCTOBER 30, 2023

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. In another June 2023 decision in Munoz v.

Tort 47

Tort Litigation Litigating Manufacturing 47

SCOTUSBlog

NOVEMBER 1, 2023

Brownback , involving whether the Federal Tort Claims Act’s “judgment bar,” which bars any claim based on the same subject matter as a dismissed FTCA case, applies when both the actions were originally brought together. Maryland and Napue v. The Supreme Court did not grant review in any new cases since our last installment.

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Court Contract Government Statute 105

JonathanTurley

JANUARY 31, 2021

As someone who has taught defamation torts for thirty years, the Trump Administration has been a bonanza of such cases and controversies. Sullivan, the Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech. The Court in cases like New York Times v. In New York Times v.

Tort 43

Tort Court Laws Court Rules 43

ClimateChange-ClimateLaw

OCTOBER 7, 2019

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. climate litigation charts. Maryland Appellate Court Said Residents Lacked Standing to Challenge Update to Master Plan. CLIMATE LITIGATION CHART.

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Court Government Statute Tort 40

ClimateChange-ClimateLaw

JUNE 8, 2021

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. climate litigation charts. Challenge to Biological Opinion for Oil and Gas Activity in Gulf of Mexico Will Remain in Maryland Federal Court. and non-U.S.

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Court Statute Government Litigation 42

JonathanTurley

NOVEMBER 13, 2022

Swalwell is a lawyer with a degree from the University of Maryland Law School. American torts have long required consent in torts. This right of consent is ongoing and can be exercised at any point in the litigation. Swalwell is missing is called informed consent. The tweet came in response to South Carolina GOP Sen.

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Legal Legal Education Tort 47

ClimateChange-ClimateLaw

JULY 2, 2021

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. climate litigation charts. Anne Arundel County, Maryland filed a motion in federal court in Maryland to remand its case to state court. and non-U.S.

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Court Statute Litigation Litigating 45

JonathanTurley

MAY 23, 2021

” What is most interesting about this lawsuit is how it is arguably meritless under both tort and constitutional law. Trump could argue truth as a defense and fall back on opinion is needed in any litigation. This is a classic example where opinion is protected under tort and constitutional law. In Ollman v. Evans 750 F.2d

Tort 40

Tort Lawyer Lawyers Constitutional Law 40

ClimateChange-ClimateLaw

APRIL 9, 2021

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. climate litigation charts. Maryland Appellate Court Allowed Redaction of Attorney General’s Application to Participate in Special Assistant AG Program.

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Court Statute Litigation Litigating 114

JonathanTurley

FEBRUARY 5, 2022

The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. In order to prevail, a litigant must show either actual knowledge of its falsity or a reckless disregard of the truth.

Tort 40

Tort Drafting Court Court Rules 40

ClimateChange-ClimateLaw

NOVEMBER 7, 2017

Each month, Arnold & Porter Kaye Scholer LLP (APKS) and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. The court also dismissed defamation and related state tort claims. CLIMATE LITIGATION CHART.

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Court Attorney Technology Assisted Review Legal 40