JonathanTurley

SEPTEMBER 21, 2021

For torts scholars, it has been a bonanza of interesting issues touching on every element of defamation law. Nunes will be allowed to litigate his claim that Lizza defamed him by claiming that he secretly moved his farm from California to Iowa and linked the move to the alleged use of undocumented labor.

Tort 49

Tort Immigration Cause of Action Court Rules 49

At the Lectern

APRIL 14, 2021

2) Was it proper for the Court of Appeal to award costs on appeal under rule 8.278 of the California Rules of Court against an unsuccessful FEHA claimant in the absence of a finding that the underlying claims were objectively frivolous? Cable News Network, Inc. 2019) 7 Cal.5th Tri-Modal Distribution Services. Sandoval v.

Calendaring 49

Calendaring Statute Cause of Action Tort 49

Conflict of Laws

JANUARY 10, 2022

By contrast, courts in California and Canada have found a contractual jurisdiction and applicable law clause invalid as a matter of public policy in order to allow a class action privacy claim to proceed against Facebook. [6] The claimant sought to apply the cases on the tort of misuse of private information by analogy.

Tort 75

Tort Litigating Litigation Finance 75

SCOTUSBlog

APRIL 15, 2023

Becerra that “crisis pregnancy centers” opposed to abortion were likely to prevail in their First Amendment challenge to a California law that required them to disclose information about the availability of abortion to their patients. Brown , which upheld a nearly identical California ban on conversion therapy.

Cause of Action 59

Cause of Action Tort Court Laws 59

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 87

Compensatory Damages Government Court Cause of Action 87

Conflict of Laws

DECEMBER 16, 2020

This basis requires that a significant connection exist between the cause of action and the foreign court. Such a connection could include the fact that the cause of action arose in the jurisdiction of the foreign court, or that jurisdiction was the place in which the contractual obligation was to be performed.

Laws 52

Laws Court Cause of Action Litigating 52

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 46

Tort Litigation Litigating Construction 46

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. coli inflections. For example, in Weirum v.

Tort 33

Tort Statute Criminal Law Court 33

SCOTUSBlog

JUNE 16, 2022

He had used Roundup for over 30 years, and argued it caused his cancer. A federal district court awarded Hardeman $25 million after a jury concluded that Monsanto had violated California law by not warning him that Roundup could cause cancer. Both the district court and the U.S.

Government 100

Government Education Court Cause of Action 100

ClimateChange-ClimateLaw

NOVEMBER 16, 2020

California v. California v. California Federal Court Entered Final Judgment Vacating Repeal of 2016 Waste Prevention Rule After Wyoming Federal Court Vacated 2016 Rule. On October 29, 2020, the federal district court for the Northern District of California entered judgment vacating the 2018 final rule rescinding the U.S.

Cause of Action 96

Cause of Action Court Government Litigation 96

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. In my torts class, I teach defamation and often discuss the California retraction law. It was a cascading deconstruction of the lawsuit.

Tort 32

Tort Cause of Action Laws Court 32

ClimateChange-ClimateLaw

JULY 2, 2021

Supreme Court denied fossil fuel companies’ petition for writ of certiorari seeking review of the Ninth Circuit’s decision reversing the district court’s 2018 denial of Oakland’s and San Francisco’s motions to remand their climate change nuisance cases to California state court. California Coastal Commission , No. Chevron Corp.

Court 49

Court Litigating Litigation Statute 49