SCOTUSBlog

APRIL 29, 2022

LeDure asked the justices to interpret a key phrase of the Locomotive Inspection Act , a federal statute that requires railroads to regularly inspect and implement safety measures for their locomotives. Texas , leaving in place the U.S. The post Court splits 4-4 on what it means to “use” a locomotive appeared first on SCOTUSblog.

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SCOTUSBlog

NOVEMBER 29, 2021

In 2016, she sought physical therapy services for back pain from respondent Premier Rehab, a company that operates rehabilitation facilities in Texas and receives federal funds. The same is true, in effect, of other antidiscrimination statutes, such as Title IX. Cummings primarily communicates in American Sign Language.

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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. She also threatened another woman with a carving knife.

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JonathanTurley

OCTOBER 31, 2023

The result is a wicked brew of negligence, product defects, intentional torts, and every other tort and crime known above the netherworld. So without further ado, here are this year’s spookiest of torts. Both Kelly and Rando sued for torts ranging from assault to intentional infliction of emotional distress.

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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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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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SCOTUSBlog

JULY 1, 2021

20-219 , asks whether the compensatory damages available under Title VI of the Civil Rights Act and the statutes that incorporate its remedies, such as the Rehabilitation Act and the Affordable Care Act , include compensation for emotional distress. The solicitor general recommends the court grant review. Cummings v. CVS Pharmacy Inc.

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ClimateChange-ClimateLaw

NOVEMBER 16, 2020

The First Circuit—like the Fourth, Ninth, and Tenth Circuits in other climate change cases—concluded that the scope of its appellate review was limited to whether the defendants properly removed the case under the federal-officer removal statute. BP America Inc. , 1:20-cv-01429 (D. Exxon Mobil Corp. City of San Francisco , No. 20-0558 (Tex.

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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. After all, who needs Texas when gun rights advocates have New York? You can find his updates on Twitter @JonathanTurley.

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Conflict of Laws

FEBRUARY 29, 2024

Bowman , which addresses the scope of federal criminal statutes, into its current extraterritoriality framework. Meanwhile, a Texas state court held that a Canadian judgment did not violate Texas public policy even though it awarded speculative damages.

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SCOTUSBlog

JUNE 16, 2022

Monsanto had argued that FIFRA labeling provisions preempted state tort causes of action for failure to warn. Texas , a habeas case involving a death-row defendant. But on remand, the Texas court ruled that the inadequate counsel had not prejudiced Andrus. But at the end of all that, the court simply denied review.

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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.

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ClimateChange-ClimateLaw

FEBRUARY 10, 2021

Circuit also concluded that two petitioners—Texas Public Policy Foundation and Competitive Enterprise Institute—lacked organizational standing to challenge EPA’s authority to promulgate the ACE Rule. The magistrate judge concluded that the suit was barred by the statute of limitations. Finally, the D.C. WildEarth Guardians 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.” In re Enbridge Energy, LP , Nos.

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ClimateChange-ClimateLaw

APRIL 9, 2021

In Minnesota, the district court granted the State of Minnesota’s motion to remand its case, which asserts state law claims under common law and consumer protection statutes. s consumer protection statute. Corps of Engineers permit for a natural gas pipeline in Texas until the Corps completes reconsideration of the permit.

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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. The court addressed three narrow issues that remained in one or more of the cases.

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ClimateChange-ClimateLaw

FEBRUARY 10, 2020

General Land Office of the State of Texas v. The Fifth Circuit’s opinion did not mention climate change, but climate change was one of the additional threats to the warbler that the FWS said the delisting petition failed to present information to address. Department of the Interior , No. 19-50178 (5th Cir. City of Oakland v.

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