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Supreme Court Rejects Cause of Action Under Bivens Against Border Patrol Agent

Constitutional Law Reporter

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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Border agents, the First Amendment, and the continued vitality of Bivens

SCOTUSBlog

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 Boule told Egbert of a guest who had flown from Turkey to New York the previous day and was flying to Washington and driving to the inn.

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Opioid maker Purdue’s bankruptcy case comes before Supreme Court

SCOTUSBlog

At the same time, the dispute also raises broader questions about whether and when it is appropriate to resolve mass tort cases – that is, lawsuits brought by a group of people who have been harmed in a similar way, such as in a plane crash or by a defective product – through the bankruptcy system. And in Sept.

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Update: Upcoming Hearings on Motions to Dismiss Climate Change Nuisance Cases in California and New York

ClimateChange-ClimateLaw

Keenan of the Southern District of New York will hear oral argument on the motions to dismiss filed in City of New York v. a case in which New York City alleges these same companies’ same activities constitute a public nuisance and trespass under New York State law. BP P.L.C. ,

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In a first for climate nuisance claims, a Hawai‘i State Court allowed Honolulu to proceed with its case against fossil fuel companies

ClimateChange-ClimateLaw

Starting in 2017, cities, counties, and states across the United States have filed claims (see here and here ) in state courts against fossil fuel companies seeking redress for the climate harms their products have caused. Many of these cases asserted nuisance and other tort law claims. Chevron Corp. Chevron Corp.

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Missouri man appeals death sentence after attorneys failed to press jury foreman’s bias

SCOTUSBlog

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.

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Spooky Torts: The 2021 List of Litigation Horrors

JonathanTurley

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. Well, give it enough time and someone will prove you wrong.

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