SCOTUSBlog

OCTOBER 5, 2023

Vullo involves a lawsuit in which the NRA alleges that Maria Vullo, then the Superintendent of the New York State Department of Financial Services, violated its First Amendment rights by threatening its business partners to try to encourage them to disassociate from the NRA. New York and 335-7 LLC v. City of New York, NY.

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Conflict of Laws

NOVEMBER 3, 2022

But the bonds include a choice-of-law clause designating the law of New York. Does this mean that validity is to be determined under New York law? The debt also includes a choice of law clause providing for the application of foreign law, typically that of New York or England. Variations in Clause Language.

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Government Drafting Contract Laws 52

Paralegal Bootcamp

APRIL 15, 2022

In litigation, for example, in a large firm, as a litigation paralegal , you may perform only discovery tasks whereas, in a small firm, you may be handling case intakes, case management, writing demands, filing lawsuits, performing discovery, legal research, motion practice, and trial practice.

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Paralegal Paralegals Legal Assistant Legal Assistance 246

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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Tort Litigation Litigating Manufacturing 36

ClimateChange-ClimateLaw

FEBRUARY 23, 2022

Many of these cases asserted nuisance and other tort law claims. The court distinguished the Second Circuit’s decision in City of New York v. The Hawai‘i court, however, found Honolulu’s framing of its claims as traditional tort law claims to be “more accurate.” Chevron Corp. Chevron Corp.

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Court Tort Cause of Action Litigation 81

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.

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Tort Litigation Litigating Manufacturing 37

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. Andrew Cuomo.

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Manufacturing Laws Litigation Litigating 44

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. climate litigation charts. Climate Litigation Chart (Update #92): FEATURED CASE. and non-U.S. Here are the additions to the U.S. Healey , No.

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Litigation Litigating Attorney Court 40

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. Egbert argues that retaliation claims (in which lawful action becomes unlawful if done for the wrong reason) are “nebulous” and “amorphous,” producing difficult and complex litigation.

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Cause of Action Immigration Tort Government 100

LawSites

JULY 7, 2022

I am a big fan of litigation analytics, even once suggesting that it could be malpractice for a litigator not to use the technology. 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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Litigation Litigating Attorney Law School 95

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.

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Punitive Damages Tort Lawyer Lawyers 37

SCOTUSBlog

JANUARY 16, 2022

Her heirs have been litigating for more than 15 years over rights to the painting, an Impressionist masterpiece once thought to be lost. It eventually travelled to New York and then to Saint Louis, Missouri, where it remained until 1976. Unbeknownst to the Cassirer family or the German government, the Pissarro was not lost.

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Tort Court Laws Litigation 127

SCOTUSBlog

DECEMBER 2, 2023

At the same time, the dispute also raises broader questions about whether and when it is appropriate to resolve mass tort cases – that is, lawsuits brought by a group of people who have been harmed in a similar way, such as in a plane crash or by a defective product – through the bankruptcy system. And in Sept. In any event, the U.S.

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Court Tort Litigation Litigating 141

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 decision is significant not just for the litigants.

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Contract Laws Court Statute 70

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.

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Tort Misdemeanor Felony Lawyer 31

Patently O

MARCH 12, 2021

My father’s law office was in rural New York, and his core practice involved representing farmers, villages, and small businesses on land transactions, estate planning, and probate matters. The limitations in patent claims aren’t like the boundaries defined in a deed; instead, they are like the elements of a tort.

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Legal Legal Small Business Litigation 64

JonathanTurley

JUNE 16, 2021

However, this is now a defamation action which could present significant challenges based on the elements for the tort. 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 complaint alleges per se defamation.

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SCOTUSBlog

JANUARY 6, 2023

Work stoppages at iconic companies like John Deere, The New York Times, and Kellogg’s. The Washington Supreme Court dismissed the case, finding that it wasn’t appropriate to apply state tort law to a labor dispute covered by a federal law, the National Labor Relations Act. Share Striketober. Starbucks walkouts.

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Tort Government Court Litigation 138

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.”

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Statute Government Court Laws 59

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 56

Conflict of Laws

MARCH 22, 2022

Reimann: Human Rights Litigation Beyond the Alien Tort Claims Act: The Crucial Role of the Act of State Doctrine. The Kashef case currently before the federal courts in New York shows that human rights litigation against corporate defendants in the United States is alive and well.

Contract 8

Contract Tort Litigation Litigating 8

JonathanTurley

SEPTEMBER 11, 2021

However, now the New York Times reports that we may have vaporized an innocent person who was loading water rather than munitions into his car. We just discussed such compensation system in my Torts class. ” However, the New York Times interviewed friends and family in Kabul as well as reviewed the tape of the attack.

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Tort Government Litigation Litigating 49

SCOTUSBlog

DECEMBER 4, 2023

Monday’s oral argument was the latest chapter in four years’ worth of litigation over the efforts to seek a fresh start in the face of the opioid lawsuits. Both the U.S.

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Court Government Litigation Litigating 140

Conflict of Laws

AUGUST 24, 2023

It is cross-posted at Transnational Litigation Blog. After it was taken in Germany, the painting spent some time in California and Missouri and was subsequently sold to Baron Von Thyssen-Bornemisza by a Gallery in New York. As noted, the painting later spent time in California, Missouri, and New York.

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Laws Statute Court Tort 52

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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Tort Court Diligence Laws 112

The Crime Report

AUGUST 31, 2021

In 2016, the last time Elden recreated the pose as an adult, Elden even t old the New York Post that h e wanted to take the shot naked. Not only does it ensure media coverage, but it affords litigation advantages over other intentional assault type claims. not unwitting third parties.

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Statute Tort Litigation Litigating 132

JonathanTurley

SEPTEMBER 21, 2021

For torts scholars, it has been a bonanza of interesting issues touching on every element of defamation law. Nunes will be allowed to litigate his claim that Lizza defamed him by claiming that he secretly moved his farm from California to Iowa and linked the move to the alleged use of undocumented labor. Harte-Hanks, 491 U.S.

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Tort Immigration Cause of Action Court Rules 48

JonathanTurley

NOVEMBER 20, 2021

In the aftermath of the Rittenhouse verdict, figures on both sides of the case threatened new filings and investigations. It seems likely that the case will move into a new stage of litigation, particularly civil litigation. That includes wrongful death actions much like the litigation against O.J. Bond claims.

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Litigation Litigating Tort Laws 8

SCOTUSBlog

OCTOBER 11, 2023

NBCUniversal was denied as anticipated , which drew a separate opinion from Justice Clarence Thomas noting that he would be inclined to reconsider New York Times v. Kivett , and the New York state law in Cantero v. From last week’s relists , Blankenship v. Nelson ,…517 U.S. Chevron deference? 26 and Oct.

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Laws Court Personal Injury Tort 85

InHouseOps

JULY 16, 2021

As a result, litigation under privacy laws protecting individuals’ biometric information has exploded. Such litigation will likewise continue to grow, as evidenced by the activity of the past few months. In February and early March, four major developments occurred regarding BIPA litigation. In re TikTok Inc.

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Laws Litigation Litigating Personal Injury 52

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. ” (relisted after the Sept. 13 conferences) King v.

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Court Laws Tort Litigation 88

JonathanTurley

MARCH 21, 2021

While it has received little coverage in the mainstream media, the conservative group Project Veritas won a major victory against the New York Times this week in a defamation case with potentially wide reach. Notably, this follows another significant loss by the New York Times to Sarah Palin last year. seven times.

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Tort Litigation Litigating Court 87

Constitutional Law Reporter

JUNE 17, 2022

Border Patrol agent, that a Turkish national, arriving in Seattle by way of New York, had scheduled transportation to Smuggler’s Inn. Boule filed a grievance with Agent Egbert’s supervisors and an ad- ministrative claim with Border Patrol pursuant to the Federal Tort Claims Act (FTCA). Anderson v. Creighton , 483 U.S.

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Cause of Action Court Tort Immigration 52

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 new candidate for Munsingwear vacatur is Kendall v. The court finally denied review on Nov. 20 in six-time relist E.I. du Pont de Nemours & Co.

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Court Litigation Litigating Government 87

JonathanTurley

MAY 6, 2021

I have been a vocal critic of Feres for decades and wrote a three-part study of the military legal system 20 years ago that detailed how this doctrine began in 1950 with a clearly erroneous reading of the Federal Tort Claims Act (FTCA). Rudolph Feres, who died in a fire allegedly caused by an unsafe heating system in his New York barracks.

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Court Tort Litigation Litigating 38

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. The result is a horn of plenty for litigators.

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Tort Statute Court Criminal Law 33

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 45

Tort Litigation Litigating Manufacturing 45