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

The IP Law Blog

MAY 18, 2023

California’s right of publicity statute is Civil Code Section 3344, and it prohibits the use of another’s name, voice, photograph, or likeness on or in products, merchandise, or goods, or for purposes of advertising or selling such products, merchandise, or goods without such person’s prior consent. The first was Midler v.

Statute 52

Statute Tort Laws Contract 52

At the Lectern

JULY 6, 2023

Responding to questions asked by the Ninth Circuit about California law, the court’s unanimous opinion by Justice Carol Corrigan precludes an action alleging a construction worker’s wife contracted COVID from her husband due to his employer’s failure to abide by government health orders at the beginning of the pandemic.

Cause of Action 45

Cause of Action Tort Construction Court 45

JonathanTurley

OCTOBER 15, 2022

He now lives in California). Here is the criminal extortion statute: 18-3-207. Yet, CRS 16-5-401 would seem to set a three-year statute of limitations for extortion cases. If it occurred in 2017, the statute of limitations ran by 2020. However, Colorado does not have such a statute.

Statute 51

Statute Criminal Law Court Laws 51

InHouseOps

JULY 16, 2021

First, a California District Court approved Facebook’s $650,000,000 biometrics settlement. Illinois is not the only state that regulates biometrics, but it is the only state currently whose biometric statute includes a private right of action. In February and early March, four major developments occurred regarding BIPA litigation.

Laws 52

Laws Personal Injury Litigating Litigation 52

ClimateChange-ClimateLaw

MARCH 14, 2024

E&E News reports that similar legislation may soon be introduced in California and Minnesota. No federal statutes explicitly preempt state Climate Superfund laws, and different U.S. No federal statutes explicitly preempt state Climate Superfund laws, and different U.S. In a 2021 appellate decision, City of New York v.

Statute 64

Statute Government Court Litigation 64

SCOTUSBlog

APRIL 17, 2025

Konan sued the USPS under the Federal Tort Claims Act, asserting claims under Texas law for nuisance, tortious interference, conversion, and intentional infliction of emotional distress. It reasoned that loss and miscarriage cover intentional acts, as the statute only qualifies transmission with negligent. But the U.S.

Tort 99

Tort Court Litigating Litigation 99

SCOTUSBlog

JANUARY 16, 2022

In 1951, it was acquired by a California gallery owner, who sold it to a Los Angeles collector. In 2005, after his petition was denied, Claude sued in federal district court in California, where he had lived since 1980. That question turned on whether California law or Spanish law governed. The full painting.

Tort 125

Tort Court Laws Litigating 125

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. See Pennsylvania General Assembly Statute §7102.

Tort 49

Tort Litigation Litigating Construction 49

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.

Tort 47

Tort Litigation Litigating Construction 47

JonathanTurley

SEPTEMBER 22, 2024

California has triggered the first lawsuit over its controversial new laws that require social media companies to censor fake images created by artificial intelligence , known as deepfakes as well as barring the posting of images. Sullivan on defamation to define the element as the statute requires “malice.” A third bill, A.B.

Laws 57

Laws Tort Real Estate Statute 57

JonathanTurley

OCTOBER 23, 2021

The fatal shooting at Bonanza Creek Ranch already has the makings of a blockbuster tort action. ” The question is not whether but when the first torts lawsuit will be filed. Many of the crew were from California but the set is in New Mexico. In 1968, the California Supreme Court expanded NIED claims in Dillon v.

Tort 51

Tort Punitive Damages Personal Injury Compensatory Damages 51

JonathanTurley

OCTOBER 31, 2022

There was an interesting torts question raised last week over an abortion rights video ad shared by former Secretary of State Hillary Clinton, Democratic Gov. The video was made to support Proposition 1, a pro-choice amendment to the California State Constitution. The video ad was reportedly paid for by the California Democratic Party.

Tort 50

Tort Court Statute Constitutional Law 50

Conflict of Laws

FEBRUARY 29, 2024

Bowman , which addresses the scope of federal criminal statutes, into its current extraterritoriality framework. Meanwhile, lower courts struggled with how to fit the Supreme Court’s 1922 decision in United States v. Meanwhile, the Supreme Court interpreted the aiding and abetting provision of the Anti-Terrorism Act (ATA) in Twitter, Inc.

Laws 75

Laws Court Divorce Tort 75

At the Lectern

JUNE 13, 2024

Two included separate explanatory statements: Three votes for review, and a dissenting statement, in juvenile coerced plea case Two votes for review, and a dissenting statement, in youth-offender LWOP no-parole case A third case concerned domestic violence torts. Writing that “California law over the last few decades.

Court 49

Court Tort Drafting Court Rules 49

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 35

Tort Cause of Action Laws Court 35

Conflict of Laws

DECEMBER 6, 2023

She asserted claims in tort and under the Australian Consumer Law ( ACL ) in schedule 2 to the Competition and Consumer Act 2010 (Cth) ( CCA ) against companies behind the ship: Carnival plc and its subsidiary, Princess Cruise Lines Ltd (together, Princess ). The case has an obvious cross-border flavour.

Contract 72

Contract Laws Court Statute 72

JonathanTurley

NOVEMBER 21, 2021

It evolved into a common-law tort to address a broader range of “interests of the community at large—interests that were recognized as rights of the general public entitled to protection,” in the words of the American Law Institute’s Second Restatement of Torts (1965-79). The latest decision follows a California trial judge’s Nov.

Tort 42

Tort Litigating Litigation Manufacturing 42

At the Lectern

APRIL 14, 2021

Joseph Health System : To what extent, if any, is the initiation and conduct of medical peer review proceedings protected activity under the anti-SLAPP statute? On May 5, the court will hear the following cases (with the issue presented as summarized by court staff or stated by the court itself ): Bonni v. Cable News Network, Inc. ,

Calendaring 49

Calendaring Statute Cause of Action Tort 49

JonathanTurley

MARCH 10, 2021

There is a tragic case out of Omaha that has led to a notable decision over tort liability for psychiatrists. Regents of University of California , which I teach in my torts class. There is also an interesting concurring opinion by Justice Jonathan Papik on the broader scope given the statute by the Court. ” Id.

Court 32

Court Tort Statute Laws 32

JonathanTurley

JANUARY 26, 2024

Since Morris may repeat such threats against other columnists and critics, I wanted to give a full account of his claims that his transactions with his client are entirely in compliance with California bar rules. Specifically, California Bar Rule 1.8.5(a) a) by allegedly ‘paying the bills’ for Mr. Morris’ client, R.

Lawyers 75

Lawyers Lawyer Litigating Litigation 75

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.

Compensatory Damages 102

Compensatory Damages Government Cause of Action Court 102

JonathanTurley

AUGUST 25, 2021

There is a new lawsuit filed in the Eastern District of California against the band Nirvana over its most iconic cover. The case is brought under statutes like 18 U.S.C. the Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. In New York Times v.

Personal Injury 57

Personal Injury Tort Court Rules Statute 57

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. California , 220153.

Tort 106

Tort Court Government Entertainment 106

SCOTUSBlog

JANUARY 23, 2025

California. California represents an effort by 19 red states to block lawsuits brought by five blue or purple states against oil and gas companies, alleging that the companies knew that their products contributed to climate change but misled the public about the cause of climate change and the risks of fossil fuels. 10 and Jan.

Court 119

Court Tort Education Government 119

Conflict of Laws

MAY 4, 2025

This restrictive turn mirrors the trajectory of human rights litigation under the Alien Tort Statute (ATS). [22] 2d 1187 (United States District Court, CD California). [10] 2d 1187 (United States District Court, CD California). [10] 2d 1157 (United States District Court, CD California). [13]

Court 59

Court Laws Litigating Litigation 59

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 58

Tort Litigation Litigating Construction 58

SCOTUSBlog

OCTOBER 11, 2023

Yes, the statute really does have a full cite to the opinion in it. The California state law at issue in Flagstar Bank v. Court of Appeals for the 9th Circuit held that the California law requiring escrow interest was not preempted by the National Bank Act. Nelson ,…517 U.S. Kivett , and the New York state law in Cantero v.

Laws 97

Laws Personal Injury Court Tort 97

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.

Tort 38

Tort Statute Criminal Law Court 38

ClimateChange-ClimateLaw

NOVEMBER 7, 2017

Bankruptcy Court Said California City and Counties Could Not Sue Coal Company for Climate Change Impacts. California Federal Court Dismissed Paper Products Company’s RICO Lawsuit Against Environmental Groups. The court also dismissed defamation and related state tort claims. California v. FEATURED CASE. 3, 2017), No.

Court 40

Court Attorney Technology Assisted Review Legal 40

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. 97182-0 (Wash.

Court 40

Court Statute Government Tort 40

SCOTUSBlog

JUNE 16, 2022

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. Monsanto had argued that FIFRA labeling provisions preempted state tort causes of action for failure to warn. Both the district court and the U.S.

Government 108

Government Education Court Cause of Action 108

ClimateChange-ClimateLaw

FEBRUARY 10, 2020

Circuit Declined to Speed Up or Slow Down Challenges to Withdrawal of California Waiver and Preemption of State Authority to Regulate Vehicle Greenhouse Gas Emissions. 4, 2020); California v. California Appellate Court Rejected Challenges to CEQA Review for Master-Planned Community. United States , No. 18-36082 (9th Cir.

Court Reporting 40

Court Reporting Court Government Construction 40

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. California v. California v. California v. Wheeler , No. 20-1357 (D.C.

Cause of Action 96

Cause of Action Court Government Litigating 96

SCOTUSBlog

JANUARY 16, 2025

Court of Appeals for the 6th Circuit affirmed , holding that because a federal agency now has the final say over how the private horse-racing authority implements the federal statute, the amended law did not impermissibly delegate authority to a private entity. In a one-paragraph order, the justices granted the authoritys request. Woodward v.

Tort 107

Tort Statute Court Laws 107

JonathanTurley

NOVEMBER 14, 2023

Indeed, the Statute of Winchester states that citizens should “follow them with all the town and the towns near, with hue and cry from town to town until that they be taken and delivered to the sheriff.” ” The right still exists for any felonies (or certain misdemeanors committed in the presence of the citizen).

Felony 60

Felony Misdemeanor Attorney Statute 60

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. WildEarth Guardians v. Mountain Coal Co. , 1:20-cv-01342 (D. 6, 2021); Gallaher v. City of Santa Rosa , No.

Court Reporting 45

Court Reporting Construction Court Government 45