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Minnesota Women Arrested After Running Over Man Who Allegedly Robbed Her

JonathanTurley

There is an interesting criminal case out of the Minnesota that highlights both criminal and tort doctrines on the defense of self and defense of property. The case highlights rivaling doctrines that we often discuss in Torts. Minnesota has a Castle Doctrine law. Restatement (Second) of Torts § 218 cmt. Al Rakip J.

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The Potter Verdict: Was The Jury Right But the Law Wrong on Culpable Negligence?

JonathanTurley

The conviction of former Minnesota police officer Kim Potter for manslaughter brought closure for the family of Duante Wright and many in our society. Torts, which I have taught for three decades, often involve wrongful deaths where people are held civilly, not criminally liable.

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Climate Litigation Chart Updates – November 2016

ClimateChange-ClimateLaw

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. Minnesota Federal Court Said State Biofuel Mandate Was Not Preempted. United States v. Ruffatto , No.

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State “Climate Superfund” Bills: What You Need to Know

ClimateChange-ClimateLaw

E&E News reports that similar legislation may soon be introduced in California and Minnesota. Chevron , the Second Circuit held that the City of New York could not sue global fossil fuel producers under state tort law for damages caused by fossil fuel emissions outside of its borders.

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Project Veritas Wins Victory Against New York Times In Defamation Action

JonathanTurley

The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. The video claimed without named sources or verifiable evidence that the campaign for Representative Ilhan Omar, a Minnesota Democrat, was collecting ballots illegally (NYSCEF#8 and #9). New York Times.

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Mopping up final business with 14 new relists

SCOTUSBlog

Marstiller , 20-1263 , presents the question whether the federal Medicaid Act allows state Medicaid programs to recover reimbursement for Medicaid’s payment of a beneficiary’s past medical expenses by taking funds from the beneficiary’s tort recovery that compensate for future medical expenses. Fillmore County, Minnesota , 20-7028.

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October 2019 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

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. Minnesota Supreme Court Declined to Review Claims Regarding Environmental Review for Oil Pipeline. WildEarth Guardians v. 4:13-cv-00151 (D.

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