JonathanTurley

DECEMBER 8, 2022

There is an interesting case this week involving an adjunct professor at George Washington Law School, where I teach. Her claims were dismissed by Judge Trevoer McFadden who found that they were foreclosed by worker’s compensation as well as failing to state a claim on various torts. George Washington Univ.,

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Laws Tort Court Litigation 31

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. King sued them under the Federal Tort Claims Act and under Bivens v. du Pont de Nemours & Co.

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Court Tort Litigation Litigating 116

Patently O

FEBRUARY 22, 2023

Stroud is General Counsel at Unified Patents – an organization often adverse to litigation-funded entities. [1] 1] He is also an adjunct professor at American University Washington College of Law. litigation finance boom of the past 20 years—as has been widely reported, private equity now undergirds huge swaths of U.S.

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Litigation Litigating Court Finance 124

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. Rabinowitz is a lawyer who practiced as an associate in Sidley LLP’s Supreme Court & Appellate and Mass Tort Litigation groups. Later, he served as a trial attorney for the U.S.

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Litigation Litigating Attorney Law School 95

ClimateChange-ClimateLaw

MAY 23, 2018

Climate change nuisance litigation is entering a new and dynamic phase. The decisions on these motions could influence pending and future litigation in the same vein – lawsuits seeking damages, compensation or abatement funds to alleviate the costs borne by local governments to adapt to climate change impacts. By Michael Burger.

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Litigation Litigating Tort Cause of Action 52

JonathanTurley

JULY 12, 2021

For decades, states and cities have tried to curtail gun sales through nuisance litigation; they have uniformly failed because the effort is transparently an effort to achieve gun control through litigation. The question is whether New York officials will keep this renewed pledge to litigate the law all the way to the Supreme Court.

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Manufacturing Laws Litigation Litigating 44

JonathanTurley

DECEMBER 18, 2021

Sandmann previously settled with the Washington Post and CNN. The slogan “Our Pride is Showing” took on a more menacing meaning over years of protracted litigation (and the denial of motions to dismiss). He has now settled his $275 million defamation lawsuit against NBC.

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Litigation Litigating Lawyer Lawyers 53

SCOTUSBlog

JANUARY 6, 2023

Glacier asked a Washington state court to make the Teamsters pay for damage that happened when cement hardened after the strike began. 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.

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Tort Government Court Litigation 138

Conflict of Laws

OCTOBER 9, 2021

In her presentation, she focused on tort law. Finally, the organizers were able to secure Anita Ramasastry , University of Washington, Member of the U.N. Ultimately, however, the problems associated with achieving SDG 6 were too complex and multifaceted to be solved by the traditional methods of PIL and adversarial litigation (alone).

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Laws Education Legal Legal 75

SCOTUSBlog

FEBRUARY 23, 2024

The court also took action in a pair of recently relisted cases involving the lawfulness of a Washington state electoral district. The 4th Circuit’s reasoning, he said, “is a virus that may spread if not promptly eliminated.” The court denied Trevino v. Palmer without comment.

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Tort Court Diligence Laws 112

Constitutional Law Reporter

JUNE 17, 2022

Respondent Robert Boule owns a bed-and-breakfast—the Smuggler’s Inn—in Blaine, Washington. 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). Facts of the Case. Anderson v. Creighton , 483 U.S. 635 (1987).

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Cause of Action Court Tort Immigration 52

JonathanTurley

APRIL 21, 2022

The defense continues to hammer Depp on the fact that he was not actually mentioned in the Washington Post column where Heard claimed that she was an abused spouse. That did not come until years later with the Washington Post column. It is a curious tact since that is not necessary for defamation.

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Litigation Litigating Depositions Court 33

JonathanTurley

NOVEMBER 28, 2022

Parody and satire also face threats from other legal actions, particularly tort actions over the appropriation of names or likenesses (called the right to publicity). Past tort cases generally have favored celebrities and resulted in rulings like White v. Follow him on Twitter @JonathanTurley.

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Court Tort Felony Litigation 40

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

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 85

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

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). Tort liability does not simply make victims whole but encourages others to take precautions.

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Court Tort Litigation Litigating 38

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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Court Litigation Litigating Government 87

JonathanTurley

AUGUST 23, 2023

However, Roice later shared a photo on Instagram of herself at the Washington Monument, participating in the Jan. T]he Court concludes that Roice fails to allege that the post contains any false information: she admits that she was present at the demonstration in Washington, D.C. That should have been the end of a nice story.

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Tort Litigation Litigating Court 36

SCOTUSBlog

JULY 1, 2021

Washington , 19-333 , involves whether a state can compel a floral designer to arrange flowers to celebrate same-sex weddings. In government-facing litigation, the government’s petition in Becerra v. We finish with good old private litigation. Washington , 19-333. Arlene’s Flowers Inc. Dignity Health, Inc. New Relists.

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Compensatory Damages Government Court Cause of Action 87

JonathanTurley

APRIL 14, 2022

Depp and Heard were married for just over a year but have already spent three times than that in litigation. Depp is suing Heard for $50 million based largely on an 2018 Washington Post opinion piece where she described herself a survivor of domestic and sexual violence. ” He is now trying his hand with a Virginia jury.

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Litigation Litigating Legal Legal 35

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. The Supreme Court did not grant review in any new cases since our last installment. Jones , 22-982 Issue : Whether the U.S.

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Court Contract Government Statute 106

JonathanTurley

NOVEMBER 15, 2022

American torts have long required consent in medical torts. This right of consent is ongoing and can be exercised at any point in the litigation. Jonathan Turley is the Shapiro professor of public interest law at George Washington University and a practicing criminal defense attorney. Patients and medical consent.

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Legal Legal Education Tort 41

ClimateChange-ClimateLaw

NOVEMBER 16, 2020

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. Supreme Court Invited Solicitor General to Weigh in on Wyoming and Montana’s Case Against Washington for Denying Port Access for Coal.

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Cause of Action Court Government Litigation 96

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. New York leaders had forced costly litigation only to pull the law at the last minute to avoid a likely finding of unconstitutionality.

Manufacturing 28

Manufacturing Laws Litigation Litigating 28

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. Washington High Court Declined to Review Decision Giving Pipeline Protester Right to Present Necessity Defense. and non-U.S.

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Court Government Statute Tort 40

SCOTUSBlog

APRIL 15, 2022

Washington. Without this extension of coverage, the workers might be left without such protection and be forced to rely on a long, expensive civil tort case to obtain a remedy for workplace injury or disease. Washington implicitly contemplates such situations. Washington asserts this argument is overblown.

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Contract Government Statute Construction 92

LawSites

DECEMBER 4, 2023

VoiceScript Ai.Law Elevator Pitch: Provides AI-generated litigation documents, from pleadings to discovery. We are the first AI-driven platform to focus specifically on drafting litigation documents. The substantial amount of time lawyers spend drafting documents during litigation. What makes you unique or innovative?

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Document Review Court Reporting Metadata Court Reporter 125

JonathanTurley

SEPTEMBER 10, 2023

Filings in the Delaware Supreme Court this week were made public in the litigation involving Mac Isaac, the owner of the computer repair shop where Hunter Biden abandoned his now infamous laptop. The Biden team wants, in my opinion, to grind Isaac and delay the litigation as much as possible.

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Litigation Litigating Court Tort 70

Conflict of Laws

FEBRUARY 29, 2024

A Washington state court interpreted an Irish forum selection clause to require dismissal of statutory claims against Microsoft despite the facts that Microsoft was not party to the agreement and the clause arguably did not cover statutory claims.

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Laws Court Divorce Tort 73

JonathanTurley

SEPTEMBER 22, 2022

The undocumented migrants who were transferred to Martha’s Vineyard have quickly adopted one common American practice: litigation. 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. YouTube screengrab. DeSantis.

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Tort Immigration Litigation Litigating 46

JonathanTurley

JANUARY 24, 2022

The latest Baldwin litigation involves the family of a U.S. However, Roice later shared a photo on Instagram of herself at the Washington Monument, participating in the Jan. The Washington Post once ran a column about the difficulty of knowing if controversial lines were uttered by Trump or by Baldwin portraying Trump.

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Legal Legal Litigation Litigating 36

JonathanTurley

JANUARY 26, 2024

The Washington Post reported that the discussion included targeting or threatening critics with defamation lawsuits. The third provision refers to advancing the costs of the litigation to the extent that they are contingent on “the outcome of the matter.”

Lawyer 58

Lawyer Lawyers Litigation Litigating 58

ClimateChange-ClimateLaw

FEBRUARY 10, 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. Trump Administration Did Not Weigh in on Montana and Washington’s Case Against Washington for Blocking Coal Exports.

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Court Reporting Court Construction Government 55

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. Recommended Denial of Montana and Wyoming’s Motion to File Bill of Complaint Against Washington for Blocking Coal Exports.

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Court Statute Government Litigation 42

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. Supreme Court Denied Montana and Wyoming’s Challenge to Washington Actions that Barred Coal Exports. Washington , No.

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Court Statute Litigation Litigating 45

JonathanTurley

JANUARY 19, 2022

That included a column by Washington Post’s Ruth Marcus asking “ Why is a prominent federal judge hiring a law clerk who said she hates Black people ?” Those earlier sources relied upon by sites like Mediaite could find themselves the subject of discovery if this now goes to litigation. 157, 168 (1979).

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Laws Tort Court Diligence 33