article thumbnail

Court explores continued private enforcement of spending clause enactments

SCOTUSBlog

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.

Court 90
article thumbnail

In family’s lawsuit against public nursing home, court revisits private rights of action and the spending clause

SCOTUSBlog

VCR is a government nursing facility in Indiana owned by petitioner Health and Hospital Corp., HHC frames this case within the court’s broader rejection of judicially implied rights of action. Section 1983 constitutes an existing congressionally created cause of action for enforcing all other federal laws, regardless of power source.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

Exclusive: You keep using that word; I don’t think you know what it means.

Patently O

The second provision relates to appellate courts: The United States Court of Appeals for the Federal Circuit shall have exclusive jurisdiction over final decisions from US district courts “in any civil action arising under. ” 28 U.S.C. See, for example, Gunn v. Minton , 568 U.S. Sasso licensed his patents to Warsaw (Medtronic).

Contract 100
article thumbnail

Spooky Torts: The 2022 List of Litigation Horrors

JonathanTurley

In 2020, parents in Indiana were given a warning in a Facebook post that the Indiana State Police seized holiday edibles featuring packaging that resembles that of actual name brands — but with the word “medicated” printed on the wrapper along with cannabis symbols. His negligence is also likely attributable to the employer.

Tort 35
article thumbnail

Spooky Torts: The 2021 List of Litigation Horrors

JonathanTurley

In 2020, parents in Indiana were given a warning in a Facebook post that the Indiana State Police seized holiday edibles featuring packaging that resembles that of actual name brands — but with the word “medicated” printed on the wrapper along with cannabis symbols. His negligence is also likely attributable to the employer.

Tort 35
article thumbnail

Spooky Torts: The 2023 List of Litigation Horrors

JonathanTurley

In 2020, parents in Indiana were given a warning in a Facebook post that the Indiana State Police seized holiday edibles featuring packaging that resembles that of actual name brands — but with the word “medicated” printed on the wrapper along with cannabis symbols. His negligence is also likely attributable to the employer.

Tort 43
article thumbnail

TURKEY TORTS (2020)

JonathanTurley

Last year, the Kellem family started early by bagging a 30-pound wild Turkey in Indiana when it went smashing through their rental car window. Indeed, this year saw repeated warnings of aggressive wild turkeys during mating season causing accidents and injuries. . He then fled.———————————————————.

Tort 32