Cause of Action New York Tort 
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.
ClimateChange-ClimateLaw
MAY 23, 2018
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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ClimateChange-ClimateLaw
FEBRUARY 23, 2022
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.
JonathanTurley
SEPTEMBER 21, 2021
For torts scholars, it has been a bonanza of interesting issues touching on every element of defamation law. The standard for defamation for public figures and officials in the United States is the product of a decision decades ago in New York Times v. Notably, Nunes sought to challenge New York Times v.
JonathanTurley
SEPTEMBER 9, 2021
The standard for defamation for public figures and officials in the United States is the product of a decision decades ago in New York Times v. The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. America Online, Inc., 3d 327, 330-31 (4th Cir.
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 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.
SCOTUSBlog
DECEMBER 2, 2023
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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