SCOTUSBlog

JUNE 8, 2023

Gorgi Talevski’s family brought a Section 1983 action against Valparaiso Care and Rehabilitation, a government nursing facility owned by Health and Hospital Corp. Government enforcement and administrative remedies may suffice, as will a “centralized review mechanism” that would be undermined by piecemeal individual litigation.

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Statute Court Contract Tort 99

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 94

Day on Torts

DECEMBER 30, 2020

One year and 21 days after the accident, the plaintiff filed this case under Tennessee’s Governmental Tort Liability Act against the county that employed the firefighter, the fire department, and the estate of the firefighter, who was also killed in the accident. Defendants moved to dismiss based on the statute of limitations.

Cause of Action 64

Cause of Action Statute Tort Court 64

ClimateChange-ClimateLaw

FEBRUARY 12, 2024

Even as successful cases against governments have blossomed, private suits face significant barriers. Michael Smith brought tort claims against New Zealand’s seven largest GHG emitters, which are collectively responsible for one-third of all New Zealand GHG emissions. I then preview the significant barriers that Smith still faces.

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Litigating Litigation Laws Tort 75

SCOTUSBlog

JANUARY 16, 2022

Unbeknownst to the Cassirer family or the German government, the Pissarro was not lost. In 1992, he worked with the Spanish government to establish the Thyssen-Bornemisza Collection, a museum in Madrid. That question turned on whether California law or Spanish law governed. The full painting. Thyssen-Bornemisza National Museum).

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Tort Court Laws Litigation 112

JonathanTurley

NOVEMBER 23, 2021

” One of the most sought after positions are “Coker Fellows” who work as teaching assistants.

Cause of Action 52

Cause of Action Laws Law School Tort 52

SCOTUSBlog

FEBRUARY 8, 2025

United States 24-510 Issue : Whether petitioners negligence claims aris[e] out of … misrepresentation, and thus are barred by Section 2680(h) of the Federal Tort Claims Act , even though petitioners did not personally rely on an alleged misrepresentation. Zhongshan Fucheng Industrial Investment Co.

Attorney 51

Attorney Court Cause of Action Lawyer 51

LettersBlogatory

AUGUST 23, 2021

” France has an administrative claims process for victims of the Nazis and the Vichy government. It creates an exception to foreign sovereign immunity but does not itself create a cause of action. 1605A, does not just create an exception to immunity but also creates a federal cause of action).

Cause of Action 52

Cause of Action Statute Tort Court 52

Constitutional Law Reporter

MARCH 9, 2021

S. _ (2021), the Supreme Court ruled that the Federal Tort Claims Act barred college student James King’s claims of police brutality. He also sued the officers individually under the implied cause of action recognized by Bivens. He also sued the officers individually under the implied cause of action recognized by Bivens.

Court Rules 52

Court Rules Tort Court Cause of Action 52

Day on Torts

MAY 3, 2022

A special duty of care can arise in three ways, one of which is when “the plaintiff alleges a cause of action involving intent, malice, or reckless misconduct,” and plaintiff argued that the sheriff’s deputy here engaged in reckless misconduct such that the public duty doctrine did not apply. This opinion was released 8.5

Tort 59

Tort Cause of Action Court Statute 59

Conflict of Laws

MAY 18, 2023

The UK Supreme Court ruled that the cause of action in the aftermath of the 2011 Bonga offshore oil spill accrued at the moment when the oil reached the shore. They rule that the cause of action had accrued at the moment when the spilled oil had reached the shore. This was a one-off event and not a continuing nuisance.

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Cause of Action Court Tort Civil Law 40

Day on Torts

JANUARY 11, 2021

16, 2020), plaintiff filed suit under the Governmental Tort Liability Act (GTLA) after he was injured in a car accident. In Kimble v. Dyer County Tennessee , No. W2019-02042-COA-R3-CV (Tenn. According to plaintiff, there was a bad storm the night of the accident and a tree had fallen across the state highway plaintiff was traveling on.

Cause of Action 59

Cause of Action Tort Court Statute 59

Day on Torts

AUGUST 9, 2021

In general, when the property converted is a negotiable instrument, the damage is done, and the tort is complete when the instrument is negotiated, regardless of the plaintiff’s ignorance of the conversion.” Based on the evidence, the Court affirmed the ruling that plaintiff “possessed a one-half ownership interest in the annuity funds.”.

Divorce 59

Divorce Cause of Action Statute Diligence 59

JonathanTurley

SEPTEMBER 9, 2021

The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. Congress recognized the threat that tort-based lawsuits pose to freedom of speech in the new and burgeoning Internet medium. America Online, Inc., 3d 327, 330-31 (4th Cir.

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Tort Court Compensatory Damages Punitive Damages 45

ClimateChange-ClimateLaw

MAY 23, 2018

The decisions on these motions could influence pending and future litigation in the same vein – lawsuits seeking damages, compensation or abatement funds to alleviate the costs borne by local governments to adapt to climate change impacts. At the moment, it’s pretty messy out there.

Litigation 52

Litigation Litigating Tort Cause of Action 52

Conflict of Laws

DECEMBER 19, 2023

More generally, the judgment provides a useful analysis of the interrelationship between statutory interpretation and choice of law, and lends weight to the proposition that product liability is properly governed by the law of the place of supply (or injury). They alleged negligence, breach of s 6 of the CGA and breaches of the FTA.

Manufacturing 69

Manufacturing Court Statute Laws 69

ClimateChange-ClimateLaw

MARCH 21, 2022

The decision was highly regarded as breaking legal grounds and representing a significant shift in climate litigation towards a duty for governments to care about climate harms (see here and here ). The Minister subsequently appealed the decision. The Full Federal Court heard the appeal in October 2021. 2022 Full Federal Court Decision.

Litigating 40

Litigating Litigation Court Personal Injury 40

Conflict of Laws

AUGUST 19, 2021

This is because – in the language commonly employed in private international law -there would be no real and substantial connection between the cause of action and the jurisdiction of Nigeria and therefore no special reason to justify the exercise of the court’s long arm jurisdiction. Olayiwola (2005) LPELR-806 (SC). [14]

Court 76

Court Contract Statute Laws 76

SCOTUSBlog

MARCH 1, 2022

Boule considers whether to “extend” the Bivens cause of action to First Amendment retaliation claims and Fourth Amendment claims arising from immigration enforcement near the U.S.-Canada The judicially created Bivens cause of action functions as the counterpart to 42 U.S.C. The federal government’s arguments.

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Cause of Action Immigration Tort Government 98

SCOTUSBlog

JULY 1, 2021

solicitor general on cases the federal government isn’t involved in, the government not infrequently delivers its invited amicus briefs just in time for the court’s last scheduled conference. So it is no surprise to see that three of the new relists involve invited government briefs on a range of subjects. In United States v.

Compensatory Damages 89

Compensatory Damages Government Court Cause of Action 89

SCOTUSBlog

APRIL 15, 2023

“The First Amendment should protect the speech of professionals, not empower government to police ‘the content of professional speech,’ and thereby ‘fail to preserve an uninhibited marketplace of ideas in which truth will ultimately prevail.’” A list of this week’s featured petitions is below: King v. Transervice Logistics, Inc.

Cause of Action 62

Cause of Action Tort Court Laws 62

Conflict of Laws

MARCH 22, 2022

As a consequence of its application, all claims are governed by the same applicable law, thereby fostering the effectiveness of collective redress. Lehmann: Locating Financial Loss and Collective Actions in Case of Defective Investor Information: The CJEU’s Judgment in VEB v BP. Unlike the Principles, however, Law No.

Contract 8

Contract Tort Litigation Litigating 8

Conflict of Laws

JANUARY 10, 2022

For privacy infringement, previous actions had been brought under the cause of action of breach of confidence [11] , which is a claim in equity and, thus it was unclear whether for such actions jurisdiction lies at the place of where the damage occurs.

Tort 75

Tort Litigation Litigating Finance 75

Conflict of Laws

DECEMBER 17, 2020

Successive Nigerian governments across all tiers have made the attraction of foreign investments a cardinal part of their economic policies and have accordingly made deliberate efforts and committed abundant resources to attract foreign investments into Nigeria. [1]

Laws 52

Laws Stare Decisis Legal Legal 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.

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Tort Litigating Litigation Construction 60

SCOTUSBlog

JUNE 16, 2022

Monsanto had argued that FIFRA labeling provisions preempted state tort causes of action for failure to warn. In its brief , the government said that “the United States has reexamined the arguments it made below” “[i]n light of the court of appeals’ decision below and the change in Administration.” Sturgis Public Schools.

Government 98

Government Education Court Cause of Action 98

JonathanTurley

FEBRUARY 20, 2021

In my torts class, I teach defamation and often discuss the California retraction law. Both parties agreed that Virginia law would govern on choice of law since Nunes initiated this lawsuit in Virginia. The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press.

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Tort Cause of Action Laws Court 37

Conflict of Laws

OCTOBER 31, 2024

Flindt: Lugano Convention VS national procedural law: How to classify a cause of action between a spouse and a third party The international jurisdiction of courts is being increasingly harmonised within the European Union and also among the EFTA states. However, the relevant provisions are scattered across various legal acts.

Contract 59

Contract Tort Legal Legal 59

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.

Cause of Action 44

Cause of Action Tort Attorney Depositions 44

ClimateChange-ClimateLaw

NOVEMBER 16, 2020

The Ninth Circuit also found that modification of the injunction due to EPA’s rulemaking action did not threaten separation of powers. The court wrote that ultimately it saw “a greater threat to the separation of powers by allowing courts to pick and choose what law governs the executive branch’s ongoing duties.” California v.

Cause of Action 96

Cause of Action Court Government Litigation 96

ClimateChange-ClimateLaw

JULY 2, 2021

The third-party complaint asserted that while the plaintiffs’ claims were meritless, Statoil, “as well as potentially the many other sovereign governments that use and promote fossil fuels,” must be joined as third-party defendants. Chevron filed similar notices of withdrawal in other cases brought by California localities. 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. If there is a bedrock principle underly- ing the First Amendment, it is that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable.” The Court in cases like New York Times v.

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Tort Cause of Action Court Constitutional Law 57