SCOTUSBlog

FEBRUARY 8, 2025

The night after the jurys verdict, Shockleys attorney learned that the jury foreman had written a fictionalized autobiography in which he, as the main character, murdered the drunk driver who had killed his wife to get revenge after the driver only received probation. Shockley was convicted and sentenced to death.

Attorney 60

Attorney Court Cause of Action Lawyer 60

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. Again, the court agreed.

Tort 49

Tort Litigation Litigating Construction 49

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. Well, give it enough time and someone will prove you wrong.

Tort 51

Tort Litigation Litigating Construction 51

SCOTUSBlog

DECEMBER 2, 2023

At the same time, the dispute also raises broader questions about whether and when it is appropriate to resolve mass tort cases – that is, lawsuits brought by a group of people who have been harmed in a similar way, such as in a plane crash or by a defective product – through the bankruptcy system.

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Court Tort Litigation Litigating 138

SCOTUSBlog

NOVEMBER 11, 2022

This case presents whether a resident deprived of those rights can sue a publicly owned and operated nursing home under Section 1983, which provides a cause of action against government actors who deprive anyone of rights secured by the “laws” of the United States, meaning other federal statutes, including spending clause enactments.

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Court Statute Cause of Action Contract 98

SCOTUSBlog

JULY 1, 2021

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. We finish with good old private litigation.

Compensatory Damages 101

Compensatory Damages Government Cause of Action Court 101

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.

Tort 59

Tort Litigation Litigating Construction 59

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.

Tort 39

Tort Statute Criminal Law Court 39

JonathanTurley

NOVEMBER 29, 2020

The complaint includes eight claims that range from violations to the Foreign Intelligence Surveillance Act (FISA), Federal Tort Claims Act, a Bivens claim, and Privacy Act. It is very well written, but it will be challenging given the discretionary authority of justice officials in some of these actions.

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Cause of Action Tort Attorney Depositions 44

ClimateChange-ClimateLaw

NOVEMBER 16, 2020

Maui asserted causes of action for public nuisance, private nuisance, strict liability failure to warn, negligent failure to warn, and trespass. The complaint asked the court for compensatory damages, equitable relief, attorneys’ fees, punitive damages, disgorgement of profits, and costs of suit. The plaintiffs plan to appeal.

Cause of Action 96

Cause of Action Court Government Litigation 96

JonathanTurley

JANUARY 4, 2022

Giuffre’s attorney David Boies has suggested that the agreement would not include Prince Andrew because he was not subject to any litigation or allegations in Florida where it was finalized. Nevertheless, the absence to a reference to royalty does not matter if this is viewed as a Royal We provision.

Punitive Damages 40

Punitive Damages Cause of Action Litigation Litigating 40

JonathanTurley

MAY 7, 2022

He lost efforts to prevent a $10,000 per day fine for contempt in failing to turn over evidence on his assets in the civil investigation by New York Attorney General Letitia James. We have previously discussed this tort theory. Former President Donald Trump achieved mixed results in courts this week. In Neiman-Marcus v.

Court 40

Court Tort Cause of Action Constitutional Law 40

ClimateChange-ClimateLaw

JULY 2, 2021

The District of Utah held that the lease suspensions merely maintained the status quo and therefore were not major federal actions subject to NEPA; the conservation groups therefore lacked standing. Massachusetts Court Declined to Dismiss Massachusetts Investor and Consumer Protection Action Against Exxon. Living Rivers v.

Court 49

Court Statute Litigation Litigating 49

JonathanTurley

DECEMBER 23, 2020

Sullivan have long limited tort law where it would undermine the first amendment. ” Finally, there is the potential conflict with the First Amendment similar to the Westboro case on the emotional distress tort action. However, this is about the media and a public officials. The Court in cases like New York Times v.

Tort 56

Tort Cause of Action Court Constitutional Law 56