JonathanTurley

DECEMBER 8, 2022

Hdeel Abdelhady , who teaches part-time in the areas of international trade and Islamic law, sued the university for a variety of torts, including allegations that counsel for the university made overtures to an administrative judge about securing a federal judgeship. Id. ¶ 174. I d. ¶ 154.

Laws 31

Laws Tort Court Litigation 31

SCOTUSBlog

SEPTEMBER 17, 2022

Humphrey when a plaintiff would be required to disprove any part of the unqualified factual basis for his conviction in order to succeed in the tort action; (2) whether, under Heck , a 42 U.S.C. Maryland requires the disclosure of exculpatory evidence (or at the very least, evidence of factual innocence) during pretrial plea negotiations.

Immigration 76

Immigration Statute Government Tort 76

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.

Tort 43

Tort Court Felony Laws 43

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.

Statute 57

Statute Government Court Laws 57

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.

Court 81

Court Laws Tort Litigation 81

The Crime Report

AUGUST 31, 2021

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. If a businesses was directly involved with trafficking, the insurance would likely deny the claim for coverage as an intentional tort.

Statute 132

Statute Tort Litigation Litigating 132

SCOTUSBlog

APRIL 29, 2021

Maryland , 20-101. (rescheduled before the Oct. 11 conferences; relisted after the Jan. 26, March 5, March 19, March 26, April 1, April 16 and April 23 conferences). United States , 20-559. Issues : (1) Whether Feres v.

Tort 71

Tort Court Technology Laws 71

SCOTUSBlog

OCTOBER 11, 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. 26 and Oct.

Laws 78

Laws Court Personal Injury Tort 78

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

ClimateChange-ClimateLaw

NOVEMBER 1, 2016

The appellate court also agreed with the court below that it was not appropriate to recognize a new tort of “intentional investment in abnormally dangerous activities” advocated by the plaintiffs on behalf of future generations.

Litigation 40

Litigation Litigating Attorney Court 40

JonathanTurley

MAY 3, 2021

Maryland that a sheriff was not liable after allowing a gang to hold a man hostage over unpaid money; the court held that the sheriff owed his duty to the public rather than to individual citizens. This applies not just figuratively but literally to citizens held hostage due to the inaction of public officials.

Government 53

Government Court Rules Court Education 53

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. Maryland and Napue v. The court finally denied review on Nov. 20 in six-time relist E.I. du Pont de Nemours & Co.

Court 80

Court Litigation Litigating Government 80

JonathanTurley

OCTOBER 30, 2021

Now, there is a new case involving a Democratic representative and surgeon from Maryland who participated in legislative meetings while operating. That would make for a difficult tort case. Hill represents the state’s 12th Legislative District in Baltimore.

Tort 36

Tort Construction Legal Legal 36

Patently O

FEBRUARY 22, 2023

bankruptcy, class action, trademark, securities, and tort litigation, to the tune of $50 to $100 billion in investments annually. [10] Patent assertion finance today is a multibillion-dollar business. [2] 2] Virtually nonexistent in the patent space in the U.S.

Litigation 126

Litigation Litigating Court Finance 126

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. Maryland , 20-101.

Tort 104

Tort Court Government Entertainment 104

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.

Court 98

Court Contract Government Statute 98

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 41

Tort Court Laws Court Rules 41

ClimateChange-ClimateLaw

OCTOBER 7, 2019

The court said the laws’ provision for criminal or tort liability for advising, encouraging, or soliciting persons participating in a riot to acts of force or violence was overbroad and vague. Maryland Appellate Court Said Residents Lacked Standing to Challenge Update to Master Plan. County of Butte v. C071785 (Cal.

Court 40

Court Government Statute Tort 40

ClimateChange-ClimateLaw

JUNE 8, 2021

On May 28, the Maryland state court hearing Baltimore’s case stayed the proceedings pending the Fourth Circuit’ review of the defendants’ other grounds for appeal. Challenge to Biological Opinion for Oil and Gas Activity in Gulf of Mexico Will Remain in Maryland Federal Court. Justice Alito did not take part in the case. 19-1189 (U.S.

Court 42

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. ” These were curious analogies to draw since patients and clients are in charge of the key decisions in their surgeries and trials. Swalwell is missing is called informed consent.

Legal 45

Legal Legal Education Tort 45

JonathanTurley

MAY 23, 2021

” What is most interesting about this lawsuit is how it is arguably meritless under both tort and constitutional law. This is a classic example where opinion is protected under tort and constitutional law. The best argument against the use of the term is that it is inflammatory, not that there is no connection to China or Wuhan.

Tort 38

Tort Lawyer Lawyers Constitutional Law 38

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. 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.

Tort 38

Tort Drafting Court Court Rules 38

ClimateChange-ClimateLaw

JULY 2, 2021

Anne Arundel County, Maryland filed a motion in federal court in Maryland to remand its case to state court. The MPF brought a tort case against de Rezende for causing the deforestation of 2,488.56 They requested a continuation of the stay, with a joint status report and proposal for next steps to be due by July 6. BP p.l.c. ,

Court 44

Court Statute Litigation Litigating 44

ClimateChange-ClimateLaw

APRIL 9, 2021

Maryland Appellate Court Allowed Redaction of Attorney General’s Application to Participate in Special Assistant AG Program. The amicus briefs were filed by American Petroleum Institute, National Association of Manufacturers, the Chamber of Congress of the United States of America, and 18 states, led by Indiana. City of Annapolis v.

Court 111

Court Statute Litigation Litigating 111

ClimateChange-ClimateLaw

NOVEMBER 7, 2017

Department of Energy’s (DOE’s) authorization of liquefied natural gas (LNG) exports from three facilities in Louisiana, Maryland, and Texas. The court also dismissed defamation and related state tort claims. In an unpublished decision, the D.C. Circuit Court of Appeals upheld the U.S.

Court 40

Court Attorney Technology Assisted Review Legal 40

JonathanTurley

AUGUST 24, 2021

As a torts professor, it has been a bonanza for my students to see different issues raised in such cases involving public officials and public figures. The filings raise some interesting questions for tort actions between two public figures. We will be watching how the case unfolds in the Maryland courts.

Tort 44

Tort Finance Court Court Rules 44