JonathanTurley

DECEMBER 29, 2022

Guillard is a Texas-based social media commentator, and accused Scofield of arranging the murder of Xana Kernodle, her boyfriend Ethan Chapin, and Kernodle’s roommates Maddie Mogen and Kaylee Goncalves in their Moscow (Idaho) house on Nov. Scofield denies ever meeting any of the victims, let alone having an affair with one of them.

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Tort Litigation Litigating Laws 35

Intelligize Blog

APRIL 27, 2023

The UK-based theater chain began Chapter 11 proceedings in Texas in September and announced in January that it would close 39 Regal Cinemas theaters across the United States. However, the bankruptcy story generating the most interest in the business and legal worlds now may be Johnson & Johnson’s attempt to pull off a “ Texas Two-Step.”

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Tort Entertainment Manufacturing Legal 70

JonathanTurley

DECEMBER 1, 2021

There is another tragic case out of Texas involving rivaling claims of self-defense and provocation. The Texas SYG law states in part : Sec. Defense of third person ), Carruth could raise a claim under the Texas Castle doctrine. He is the husband of Judge Anne-Marie Carruth, who is seeking a divorce).

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Laws Divorce Misdemeanor Tort 38

LegalReader

MAY 21, 2021

The bill would make it substantially more difficult to file a lawsuit against negligent transportation companies.

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Tort 98

JURIST

JANUARY 22, 2024

The US Supreme Court voted 5-4 on Monday to permit federal border patrol agents to cut the razor wire that Texas installed on the US-Mexico border. The Biden administration requested the decision to allow federal agents to access the border without facing tort claims from Texas.

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Court Immigration Tort Felony 245

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

Conflict of Laws

OCTOBER 3, 2022

That paper contains a detailed discussion of the most common interpretive issues—whether the clause selects the tort laws of the chosen jurisdiction in addition to its contract laws, for example—that arise in litigation. Several years ago, I published a paper that examined how U.S. courts interpret choice-of-law clauses.

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Laws Drafting Litigation Litigating 52

Paralegal Bootcamp

APRIL 27, 2023

Jessie is a board certified trial paralegal in Texas. I decided I wanted to get a paralegal certificate through a program that the University of North Texas offered. I learned that you’re a board-certified trial paralegal in Texas and that you did that in 2018. In this blog, I’m interviewing Jessie Foss.

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Paralegal Certificate Paralegal Paralegals Bar Exam 130

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. Steven Novak, an artist from Dallas, Texas, believes that Halloween should be a bit more than a traditional plastic pumpkin and a smiling ghost.

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Tort Litigation Litigating Manufacturing 37

JonathanTurley

NOVEMBER 8, 2021

We had just finished discussing animal liability in my torts when a bizarre case from Halloween surfaced involving the girlfriend of Texas special teams coach Jeff Banks. and they say my torts exams are unrealistic. It’s already clear as day on the gate “Don’t touch,” nobody’s allowed back here without my permission.”.

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Tort Legal Legal Litigation 33

Paralegal Bootcamp

APRIL 15, 2022

States with the highest employment levels were Florida, California, Texas, New York, and Illinois, with annual wages ranging from $52,100 to $60,390. She worked in larger firms in the downtown Phoenix area for past Presidents of the American Trial Lawyer’s Association, specializing in tort law.

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Paralegal Paralegals Legal Assistant Legal Assistance 246

SCOTUSBlog

APRIL 15, 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. A list of this week’s featured petitions is below: King v. Devillier v.

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Cause of Action Tort Court Laws 76

SCOTUSBlog

OCTOBER 5, 2023

Sylvia Gonzalez, a newly elected Texas city council member elected on an anti-corruption platform was arrested after her first meeting for “intentionally … conceal[ing] … a government record,” for allegedly taking a petition her supporters had presented to the mayor seeking the removal of a city manager. Gonzalez v. 26 conference) King v.

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Court Tort Litigation Litigating 115

JonathanTurley

SEPTEMBER 21, 2023

The laws have produced perverse results as in the controversial case of Tom Horn in Texas. There is an allowance in torts for mistaken self-defense. These laws are based on an urban legend that people are routinely prosecuted for defending their homes from intruders. A position partially supported by his son. Raymond , 23 Colo.

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Tort Laws Felony Lawyer 38

JonathanTurley

JULY 7, 2021

There was a remarkable decision by a Texas federal judge this week when U.S. District Judge Xavier Rodriguez for the Western District of Texas ruled that the Air Force was legally at fault for the 2017 mass shooting in Sutherland Springs, Texas by Devin Patrick Kelley.

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Court Rules Punitive Damages Court Government 46

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. Williamson County, Texas. Issues : (1) Whether a claim is cognizable under Heck v. Mansfield v.

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Immigration Statute Government Tort 81

JonathanTurley

AUGUST 28, 2023

It is an all-too-familiar pattern that we often discuss in my torts class where people are confused and try to enter the wrong home. They have resulted in some highly controversial cases like that of Tom Horn in Texas. He was reportedly trying to enter the wrong home near the campus around 2 am.

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Tort Laws Criminal Law Legal 37

Conflict of Laws

APRIL 26, 2021

The principal focus will be on questions of jurisdiction, the recognition and enforcement of judgments and choice of law for contract and tort. Pfeiffer: Effects of adoption and succession laws in US-German cases – the example of Texas.

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Contract Legal Legal Procedural Law 52

JonathanTurley

JUNE 16, 2021

The complaint below details how Reed stole a handgun from a pawn shop in Texas and livestreamed himself committing a “drive-by” shooting in which he fired the stolen handgun blindly into buildings as he drove past. However, this is now a defamation action which could present significant challenges based on the elements for the tort.

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Tort Court Felony Laws 44

JonathanTurley

JULY 27, 2021

I teach these cases in my torts class and they raise many of the same issues. The laws have produced perverse results as in the infamous case of Tom Horn in Texas. It is based entirely on what Feaster claims to have been told by a neighbor. McVay is also suing for $75,000 toward medical bills, lost time and negligence.

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Tort Laws Felony Court 48

LawSites

JULY 7, 2022

But it plans to expand to cover other types of motions, such as summary judgment, and to include state courts, with California, New York and Texas already in development. Rabinowitz is a lawyer who practiced as an associate in Sidley LLP’s Supreme Court & Appellate and Mass Tort Litigation groups.

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Litigation Litigating Attorney Law School 98

SCOTUSBlog

FEBRUARY 23, 2024

Willett also argued that the case would be foreclosed by Claiborne Hardware , and that the 5th Circuit panel decision would have imposed tort liability on protest leaders ranging from the Founding-Era Sons of Liberty to Martin Luther King. The full 5th Circuit then declined to rehear the case, by an 8-to-8 tie vote. Claiborne Hardware Co.

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Tort Court Diligence Laws 112

JonathanTurley

JULY 18, 2022

There is a major verdict in a free speech case out of Texas where Charlene Carter, a former Southwest flight attendant won a verdict of more than $5 million for her wrongful termination after a posting on social media criticizing her union on its abortion stand.

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Tort 40

SCOTUSBlog

JANUARY 8, 2021

United States , the Supreme Court ruled that the Federal Tort Claims Act, in which Congress waived the federal government’s sovereign immunity from tort liability, nonetheless did not allow servicemembers to bring claims for injuries “incident to service.” Texas Mutual Insurance Co. In 1950’s Feres v. PHI Air Medical, LLC v.

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Government Tort Court Rules Court 87

JonathanTurley

OCTOBER 13, 2021

The laws have produced perverse results as in the controversial case of Tom Horn in Texas. These laws are based on an urban legend that people are routinely prosecuted for defending their homes from intruders. In this case, there could be a conventional self-defense claim.

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Laws Statute Tort Criminal Law 35

SCOTUSBlog

APRIL 29, 2022

The answer had consequences for a tort suit brought by Bradley LeDure, a former Union Pacific engineer who fell on a locomotive while it was parked in an Illinois railyard. Texas , leaving in place the U.S. LeDure shows that even low-temperature cases presenting bread-and-butter issues of statutory interpretation can produce division.

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Court Tort Immigration Statute 84

ClimateChange-ClimateLaw

NOVEMBER 1, 2016

Texas Federal Court Ordered Jurisdictional Discovery in Exxon Case Against Massachusetts Attorney General, Citing Concern That State’s Investigation Was Undertaken in Bad Faith. The Texas federal court said that ExxonMobil’s allegations raised concerns that Healey had issued the CID in bad faith, which would preclude Younger abstention.

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Litigation Litigating Attorney Court 40

SCOTUSBlog

JUNE 24, 2023

22-1150 Issue : Whether the First Amendment prohibits applying state tort law against double-agent employees who gather information, including by secretly recording, in the nonpublic areas of an employer’s property and who use that information to breach their duty of loyalty to the employer. City of Arlington, Texas v.

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Tort Felony Court Laws 85

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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Tort Statute Court Criminal Law 33

Fordham Law News

SEPTEMBER 24, 2023

They all used bankruptcy to try to get out of mass tort claims. [1] They all used bankruptcy to try to get out of mass tort claims. [1] Like Purdue Pharma, Johnson & Johnson attempted to do something similar, but used the Texas two-step to avoid huge liabilities. 4] This strategy is known as the Texas two-step. [5]

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Tort Court Technology Legal 52

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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Tort Lawyer Lawyers Personal Injury Lawyer 42

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] 29] Notably, they continue to file and litigate in the Western District of Texas; IP Edge, too, has ceased filing in Delaware, per reporting and data. [30]

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Litigation Litigating Court Finance 124

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 45

Above The Law

AUGUST 31, 2023

* Ron DeSantis rammed through massive tort reform in December to the delight of Florida residents who barely understand torts. CNN ] * Texas GOP's "Death Star" legislation, designed to give the state legislature the power to strike down local laws and ordinances destroyed like all Death Stars because of tiny, yet fatal, flaw.

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Tort Laws 122

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

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. Cummings primarily communicates in American Sign Language. Cummings asked Premier to provide her with an ASL interpreter.

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Court Laws Compensatory Damages Statute 84

Above The Law

MAY 21, 2021

Everything's Bigger In Texas : Including tort liability after absolutely nutty abortion bill signed into law. There's No Such Thing As A Free Lunch : Unless you work at Ropes & Gray! Shocking No One, Republican Slept With A Child : But the Wyoming congressional hopeful thinks we should let it slide.

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Tort Lawyer Lawyers Laws 121