SCOTUSBlog

OCTOBER 11, 2023

Yes, the statute really does have a full cite to the opinion in it. 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.

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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. In Cargill , the en banc U.S.

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SCOTUSBlog

JULY 1, 2021

Washington , 19-333 , involves whether a state can compel a floral designer to arrange flowers to celebrate same-sex weddings. Washington , 19-333. Arlene’s Flowers Inc. Dignity Health, Inc. The solicitor general recommends the court grant review. Cummings v. Premier Rehab Keller P.L.L.C. , We finish with good old private litigation.

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SCOTUSBlog

APRIL 15, 2022

Washington. Congress passed the law after the Supreme Court held that states could not apply workers’ compensation statutes to federal facilities. Washington implicitly contemplates such situations. The United States argues that the change in Washington’s law will be exorbitantly expensive to the federal government.

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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. Washington High Court Declined to Review Decision Giving Pipeline Protester Right to Present Necessity Defense.

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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. Jonathan Turley is the Shapiro Professor of Public Interest Law at George Washington University.

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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. Washington , No. On October 5, 2020, the U.S. 22O152 (U.S.

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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

JANUARY 26, 2024

The Washington Post reported that the discussion included targeting or threatening critics with defamation lawsuits. The threats in the letter were reminiscent of an earlier column discussing how Morris and others reportedly met to plan out a scorched earth strategy to attack and threaten critics.

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Lawyer Lawyers Litigation Litigating 62

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

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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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ClimateChange-ClimateLaw

JULY 2, 2021

Supreme Court Denied Montana and Wyoming’s Challenge to Washington Actions that Barred Coal Exports. Washington , No. Army Corps of Engineers permits for construction of a methanol refinery and export terminal at the Port of Kalama in Washington State. BLM suspended the leases after a federal court in Washington, D.C.

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SCOTUSBlog

JUNE 28, 2021

corporations can be sued for violations of the Alien Tort Statute, the law on which the Iraqi plaintiffs were relying, at all. In August 2020, then-Acting Solicitor General Jeffrey Wall suggested that the justices put CACI’s case on hold until their ruling in Nestle v. Doe , in which they were considering whether U.S.

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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 ?” The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. 157, 168 (1979).

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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. Bankrupt Coal Export Terminal Developer’s Appeal Dismissed in Lawsuit Against Washington Officials. Inslee , No.

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JonathanTurley

JANUARY 18, 2021

The problem is that this can be defended as an opinion and thus protected under constitutional and tort cases. Defamation has a short statute of limitations of one or two years. If you sue, you toll the statute of limitations even if a court puts the case on a delayed schedule. Keep digging, use forensic geniuses!”.

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ClimateChange-ClimateLaw

NOVEMBER 7, 2017

The court also dismissed defamation and related state tort claims. The court also granted motions to strike the state law claims pursuant to California’s anti-SLAPP (Strategic Lawsuits Against Public Participation) statute. Coal Terminal Developer Filed Lawsuit Challenging Washington State’s Denial of Water Quality Certification.

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ClimateChange-ClimateLaw

FEBRUARY 10, 2020

Washington Supreme Court Invalidated Regulation of Indirect Greenhouse Gas Emissions. The Washington Supreme Court concluded that the Washington Clean Air Act did not grant the Department of Ecology authority to regulate indirect greenhouse gas emissions of businesses and utilities whose products ultimately generate such emissions.

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Court Reporting Court Government Construction 40

JonathanTurley

FEBRUARY 18, 2022

Here is the column: For those of us who teach torts, we are living in the golden age of defamation. Moreover, publications are protected in most states by retraction statutes limiting or blocking damages for corrected stories. It is a tough question with good arguments on both sides, but it is a debate that is long overdue.

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Tort Court Government Statute 36

JonathanTurley

MAY 12, 2022

92 (1896), for example, the Massachusetts Supreme Court ruled that a labor union could be found guilty of an intentional tort by picketing a business. Jonathan Turley is the Shapiro Professor of Public Interest Law at George Washington University. Guntner, 167 Mass. Follow him on Twitter @JonathanTurley.

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