Constitutional Law Reporter

JUNE 1, 2023

Justice Kavanaugh first noted that, as a general matter, the statute of limitations begins to run when the plaintiff has a “complete and present cause of action.” To determine when a plaintiff has a complete and present cause of action, the Court focuses first on the specific constitutional right alleged to have been infringed.

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Constitutional Law Reporter

SEPTEMBER 15, 2021

The FCRA also creates a cause of action for consumers to sue and recover damages for certain violations. And Congress may create causes of action for plaintiffs to sue defendants who violate those legal prohibitions or obligations. “It Congress may enact legal prohibitions and obligations.

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Constitutional Law Reporter

FEBRUARY 8, 2024

The justices have agreed to consider the following question: “Whether a person whose property is taken without compensation may seek redress under the self-executing takings clause of the Fifth Amendment even if the legislature has not affirmatively provided them with a cause of action.” Macquarie Infrastructure Corp.

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Constitutional Law Reporter

APRIL 20, 2022

USERRA’s cause of action against state employers may be pursued only in state courts, which a Texas court found to be unconstitutional because Congress lacks the power to authorize lawsuits against nonconsenting states pursuant to its War Powers. Please check back for updates.

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Constitutional Law Reporter

MARCH 9, 2021

He also sued the officers individually under the implied cause of action recognized by Bivens. In a concurring opinion, Justice Sonia Sotomayor emphasized that the question of whether the FTCA judgment bar covers claims brought in the same action warrants consideration.

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Constitutional Law Reporter

APRIL 10, 2024

In reaching its decision, the Court emphasized that Section 1983 provides a cause of action against “[e]very person who, under color of any statute, ordinance, regulation, custom, or us- age, of any State ” deprives someone of a federal constitutional or statutory right.

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Constitutional Law Reporter

AUGUST 28, 2023

Mallory also cited that Pennsylvania requires out-of-state companies that register to do business in the Commonwealth to agree to appear in its courts on “any cause of action” against them. The Pennsylvania Supreme Court sided with Norfolk Southern, holding that the Pennsylvania law violated Due Process. . …

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JonathanTurley

JANUARY 16, 2023

He was given repeated disciplinary actions for refusing to work. The USPS was moving to terminate him when he resigned and filed a challenge based on two causes of action for religious discrimination under Title VII of the Civil Rights Act of 1964: (1) disparate treatment, and (2) failure to accommodate religious beliefs.

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JonathanTurley

SEPTEMBER 9, 2021

1997) where Chief Judge Wilkinson wrote for the Fourth Circuit: By its plain language, § 230 creates a federal immunity to any cause of action that would make service providers liable for information originating with a third-party user of the service. America Online, Inc., 3d 327, 330-31 (4th Cir.

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Conflict of Laws

MAY 31, 2021

However, the defendant/appellant challenged the jurisdiction of the Kastina State High Court to hear the case on the basis that the contract in issue was concluded in Yobe State, where it claimed the cause of action arose, which it argued was outside the jurisdiction of Kastina State.

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Constitutional Law Reporter

JUNE 17, 2022

Supreme Court held that the authority of a court to imply a cause of action under Bivens v. While the Court did not overrule Bivens , it did emphasize that recognizing a Bivens cause of action is “a disfavored judicial activity.”. In Egbert v. Boule , 596 U.S. _ (2022), the U.S. Border Patrol agent. Border Patrol agent.

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JURIST

AUGUST 16, 2023

To successfully plead this cause of action, a plaintiff must demonstrate that (1) they were similarly situated in material respects to other individuals against whom the law was not enforced and (2) the selective enforcement infringed on a constitutional right.

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JURIST

MAY 26, 2023

McMaster responded to the judge’s ruling, writing, “We will continue fighting to protect the lives of the unborn in South Carolina and the constitutional law that protects them. The lawsuit lists 17 causes of action in favor of enjoining the ban.

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Constitutional Law Reporter

SEPTEMBER 27, 2021

The plaintiffs also sued Mark Lee Dickson, an individual who they allege has threatened to file private enforcement actions against them utilizing SB 8’s cause of action. Among other arguments, the plaintiffs argued that the Act violates their patients’ constitutional right to terminate a pregnancy before viability.

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JonathanTurley

MAY 7, 2022

” The same test of extreme and outrageous conduct has also been applied to causes of action for negligent infliction of emotional distress. ” ….

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JonathanTurley

DECEMBER 23, 2020

What Westboro said, in the whole context of how and where it is entitled to “special protection” under the First Amendment, and that protection cannot be overcome by a jury finding that the picketing was outrageous.”. On the dissemination count, there are also seriously issues raised by the application to the media defendants.

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