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

SCOTUSBlog

JANUARY 16, 2022

It eventually travelled to New York and then to Saint Louis, Missouri, where it remained until 1976. Second, the brief draws an analogy to the Federal Tort Claims Act, which subjects the federal government to certain tort claims “in the same manner and to the same extent as a private individual.” In Richards v.

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Tort Court Laws Litigation 127

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. See Pennsylvania General Assembly Statute §7102.

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Tort Litigation Litigating Manufacturing 37

LawSites

NOVEMBER 15, 2023

. ‘Transformational Change’ All of these developments were previewed yesterday to members of the media during a briefing by TR executives in the company’s Times Square office in New York. ” Requests for analytics, such as “Which law firm has the most torts cases in 2023 so far?”

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Legal Research Legal Assistant Legal Assistance Laws 124

JonathanTurley

DECEMBER 6, 2023

There are 33 states with retraction statutes. In New York Times v. Hill , which held that a family suing Life Magazine for false light must shoulder the burden of the actual malice standard under New York Times v. .” These retraction letters are often the open salvo in defamation actions.

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JonathanTurley

SEPTEMBER 9, 2021

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 Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. 47 U.S.C. §

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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. The Lacey Act and other federal wildlife statutes could be charged for such conduct.

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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

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 58

Conflict of Laws

AUGUST 24, 2023

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. But statutes of limitations often begin to run when the original owner discovers the location of the stolen property.

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Laws Statute Court Tort 52

SCOTUSBlog

JANUARY 8, 2021

This week we highlight cert petitions that ask the Supreme Court to consider cases and statutes about suing various government entities, ranging from two counties to a state governor to the United States itself. Waterfront Commission of New York Harbor v. Murphy involves New Jersey and New York’s Waterfront Commission Compact.

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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. Take, for example, the more than 100 cases filed nationally against brand hotelier franchisors beginning in late 2019, for alleged sex trafficking occurring on premise under the same statute.

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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. Yes, the statute really does have a full cite to the opinion in it. Kivett , and the New York state law in Cantero v. Nelson ,…517 U.S. 26 and Oct.

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Laws Court Personal Injury Tort 84

InHouseOps

JULY 16, 2021

In January, a group of New York state legislators introduced a biometrics regulation bill that contains a private right of action similar to the already enacted Illinois Biometric Information Privacy Act (BIPA). As a result, litigation under privacy laws protecting individuals’ biometric information has exploded.

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Laws Litigation Litigating Personal Injury 52

The Fashion Law

OCTOBER 19, 2021

According to the complaint that he filed in a Michigan state court in September 2020, Mr. Moran alleged that in or around 2012, New York-based Edie Parker LLC and its founder Brett Heyman (the “defendants”) “began selling high end handbags and accessories patterned after vintage styles favored by Ms. Parker’s estate.

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Tort Court Laws Statute 66

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. Some 1,800 ate the catered meal.

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JonathanTurley

OCTOBER 31, 2023

Below is an expanded version of my column in the New York Post on the return of Halloween and joy of little litigators in anticipation of the return of the festival of Samhain. The result is a wicked brew of negligence, product defects, intentional torts, and every other tort and crime known above the netherworld.

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Tort Lawyer Lawyers Personal Injury Lawyer 43

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.

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Tort Litigation Litigating Manufacturing 47

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. United States , 20-559.

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Tort Court Government Entertainment 107

JonathanTurley

AUGUST 3, 2021

The late New York Gov. However, his son, Andrew Cuomo, the current New York governor, moved today from presumed sinner but presumed assaulter. Under federal law, the statute of limitations is three years. Once again, the viability of such actions will depend on the statute of limitations.

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SCOTUSBlog

NOVEMBER 1, 2023

The Supreme Court did not grant review in any new cases since our last installment. 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. In Cargill , the en banc U.S.

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JonathanTurley

DECEMBER 19, 2021

Below is my column in the Hill on New York’s latest gun control measure — and the latest challenge to a New York law. What is most striking in reviewing the line of gun cases coming out of New York is that the Empire State has done more for gun rights than any “pro-gun” state.

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Manufacturing Laws Litigation Litigating 29

JonathanTurley

OCTOBER 15, 2022

Here is the criminal extortion statute: 18-3-207. Yet, CRS 16-5-401 would seem to set a three-year statute of limitations for extortion cases. If it occurred in 2017, the statute of limitations ran by 2020. In New York Times v. However, Colorado does not have such a statute.

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Statute Criminal Law Court Laws 39

ClimateChange-ClimateLaw

OCTOBER 7, 2019

The federal district court for the District of South Dakota temporarily enjoined enforcement of provisions of a riot boosting statute enacted in South Dakota in 2019 in response to anticipated protests of the Keystone XL pipeline. New York Court Dismissed Challenge to Local Zoning Law that Restricted Development of Solar Facilities.

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JonathanTurley

DECEMBER 15, 2021

The Duke of York is arguing that Giuffre was too old at the time of the alleged sexual acts to use the New York Child Victims Act (CVA) to “revive” her claims now. Prince Andrew is arguing that there is an inherent conflict under state law with these claims in light of the general consent law in New York.

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JonathanTurley

AUGUST 25, 2021

The case is brought under statutes like 18 U.S.C. In New York Times v. the Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. Likewise, areas like defamation have been limited by the First Amendment.

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JonathanTurley

OCTOBER 31, 2022

There was an interesting torts question raised last week over an abortion rights video ad shared by former Secretary of State Hillary Clinton, Democratic Gov. In New York Times v. Her objections were publicly made and covered by national media outlets like the New York Post and Fox News.

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Tort Court Statute Constitutional Law 38

JonathanTurley

NOVEMBER 14, 2023

Trump reposted a supporter’s “fantasy” of executing a citizen’s arrest of Judge Arthur Engoron and New York Attorney General Letitia James. I have also criticized this New York law. This year, the New York Senate moved to eliminate citizen’s arrest in the state.

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Felony Misdemeanor Attorney Statute 48

JonathanTurley

FEBRUARY 20, 2021

United States District Judge Laura Taylor Swain issued a ruling in New York to apply Virginia’s choice of law standard that in turn applied California’s defamation laws. He is facing criminal charges in New York. In my torts class, I teach defamation and often discuss the California retraction law.

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SCOTUSBlog

JUNE 16, 2022

Hochul , involving New York State’s mandate that health care workers must have received a COVID-19 vaccination to remain on the job. Monsanto had argued that FIFRA labeling provisions preempted state tort causes of action for failure to warn. First up is Dr. A v.

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ClimateChange-ClimateLaw

FEBRUARY 10, 2021

The magistrate judge concluded that the suit was barred by the statute of limitations. The court further found that the plaintiffs conceded that venue in Boulder County was not proper for San Miguel under this statute. New York v. 19, 2021); New York v. WildEarth Guardians v. Mountain Coal Co. ,

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JonathanTurley

JANUARY 26, 2024

While his public figure standing under New York Times v. They are now suggesting that exceptions to a general rule against paying personal costs of clients are applicable to these payments. I disagree. Sullivan requires satisfaction of the actual malice standard, that higher standard is not necessary to discard this claim.

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ClimateChange-ClimateLaw

JUNE 8, 2021

Supreme Court held that the Fourth Circuit Court of Appeals erred when it concluded that its review of the remand order in Baltimore’s climate change case against fossil fuel companies was limited to determining whether the defendants properly removed the case under the federal officer removal statute. May 10, 2021).

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JonathanTurley

FEBRUARY 3, 2022

Putting aside a later defamation action (though the statute of limitations is a concern), the filing could present an interesting question of whether the statute can be used to chill or curtail free speech. He is subject to the higher standard of proof in New York Times v.

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ClimateChange-ClimateLaw

JULY 2, 2021

The Court held that the provision used “extension” in its “temporal sense,” but that the statute did not impose a “continuity requirement” and instead allowed small refineries to apply for hardship extensions “at any time.” The federal district court for the Western District of New York denied a motion to dismiss a lawsuit challenging a U.S.

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ClimateChange-ClimateLaw

APRIL 23, 2021

On April 1, 2021, a unanimous Second Circuit panel dismissed a lawsuit filed by New York City against a handful of fossil fuel companies seeking damages for climate change harms under state public nuisance and trespass law. By Michael Burger *. Photo by Alexander Tsang – Unsplash. A summary is available here.)

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JonathanTurley

JANUARY 19, 2022

It could be claimed that she became a limited public figure subject to the higher standard of proof in New York Times v. The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. Clanton was not a public figure when this controversy began. 157, 168 (1979).

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