Day on Torts

MAY 24, 2022

Where the gravamen of plaintiff’s complaint was his tort claim for defamation seeking unliquidated damages, the chancery court did not have subject matter jurisdiction and the case should have been transferred to circuit court. The trial court denied the motion and ultimately found for plaintiff. In Lowery v. Code Ann. §

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At the Lectern

DECEMBER 24, 2020

Cohen , the Supreme Court holds that, although the pertinent statute’s language “does not point unerringly to th[e] result” the court reaches, a plaintiff seeking an accounting must “state a specific dollar amount to support a default judgment granting monetary relief.”

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SCOTUSBlog

JANUARY 12, 2021

The Supreme Court heard oral argument on Tuesday in the case of a Georgia student who was stopped from handing out religious literature and speaking about his faith on the campus of his public college. The question before the court on Tuesday in Uzuegbunam v. After the U.S.

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Day on Torts

APRIL 6, 2022

Plaintiff’s initial complaint was filed in May 2009 and sought $1 million in compensatory damages and $1 million in punitive damages. Defendant was never served with this amended complaint, but the trial court entered a final judgment awarding plaintiff $3 million in total damages in August 2017. In Turner v.

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SquirePattonBoggs

SEPTEMBER 13, 2023

In its decision, the Court took the uncommon step of sua sponte certifying a question of state law (here, Ohio law) to a state supreme supreme court (the Ohio Supreme Court). Who better to know the answer to that question than the Ohio Supreme Court, which, under Erie Railroad Co. Tompkins , 304 U.S. Lehman Bros.

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JonathanTurley

SEPTEMBER 9, 2021

Despite this history, a new decision out of the High Court is still shocking in its implications for further attacks on free speech. The court ruled that newspapers and television stations that post articles on social media sites like Facebook are liable for other third party comments on those posts. 47 U.S.C. § 230(e)(3).

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Conflict of Laws

MARCH 23, 2024

It evidently has not stopped claimants from seeking enforcement of punitive damage awards in other civil law legal systems. According to him, data on punitive damages is well documented, delivering the required statistical data on frequency and severity of loss, which allows the inference of an average loss and therefore an adequate premium.

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SCOTUSBlog

NOVEMBER 29, 2021

which the Supreme Court will hear on Tuesday, is about the types of remedies that plaintiffs may recover when they prove violations of certain federal anti-discrimination laws — in particular, whether such plaintiffs may recover damages for emotional distress. The district court dismissed Cummings’ case, and the U.S.

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SCOTUSBlog

MAY 7, 2021

Share This week we highlight petitions that ask the Supreme Court to consider, among other things, whether an award of punitive damages that doubles the compensatory damages can comport with due process and how a defendant can prove ineffective assistance of counsel in rejecting a plea offer. On appeal, the U.S.

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SCOTUSBlog

JULY 2, 2021

Montana Department of Revenue , the Supreme Court ruled that although states are not required to subsidize private education, states that choose to do so cannot exclude religious schools from receiving funding simply because they are religious. A new case on public funding and religious education. Last year, in Espinoza v. In Carson v.

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At the Lectern

APRIL 29, 2021

Actions of note at yesterday’s Supreme Court conference included: Supreme Court OK’s commutation of three-strikes sentence. The court granted review in Pulliam v. The appellate court concluded the Rule doesn’t limit attorney fees, disagreeing with Lafferty v. The court denied depublication.]. Jenkins (Jan.

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Constitutional Law Reporter

DECEMBER 27, 2021

Supreme Court heard oral arguments in one of the term’s most closely-watched cases. However, in defending its controversial abortion law, the State of Mississippi has asked the Court to overturn its prior decisions in Roe v. Several of the Court’s Conservative justices appeared willing to overrule both Roe and Casey.

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Constitutional Law Reporter

JANUARY 3, 2022

Supreme Court heard oral arguments in one of the term’s most closely-watched cases. However, in defending its controversial abortion law, the State of Mississippi has asked the Court to overturn its prior decisions in Roe v. Several of the Court’s Conservative justices appeared willing to overrule both Roe and Casey.

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JonathanTurley

OCTOBER 23, 2021

This incident could well prove a violation of a statute or regulation making the act “negligent per se.” 2d 774 (1998), bystanders can recover for emotional distress damages only when the injury is caused by a sudden, traumatic event and the plaintiff was aware that the event was causing injury to the victim. Legg, 441 P.2d

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SCOTUSBlog

JULY 1, 2021

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. Because the court was running a little behind this year and just released its last opinions on Thursday, the court also held the mop-up conference on Thursday, and the order list will be released Friday morning at 9:30 a.m.

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ClimateChange-ClimateLaw

OCTOBER 20, 2020

Federal Court in Rhode Island Allowed Failure-to-Adapt Claims to Proceed. The federal district court for the District of Rhode Island for the most part denied a motion to dismiss a citizen suit asserting that Shell Oil Products US and other defendants (Shell) failed to prepare a terminal in Providence for the impacts of climate change.

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ClimateChange-ClimateLaw

NOVEMBER 16, 2020

Oregon Supreme Court Said Public Trust Doctrine Did Not Impose Obligation to Protect Resources from Climate Change. With respect to the scope of the doctrine, the Supreme Court said the public trust doctrine extends both to the State navigable waters and to the State’s submerged and submersible lands. (A FEATURED CASE. Chernaik v.

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ClimateChange-ClimateLaw

FEBRUARY 10, 2021

Circuit Court of Appeals ruled that the U.S. The court therefore vacated and remanded the ACE Rule—which repealed the 2015 Clean Power Plan rule and in its place adopted a replacement rule that relied only on heat-rate improvements at individual plants. On January 19, 2021, the D.C. Third, the D.C. American Lung Association v.

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SCOTUSBlog

OCTOBER 5, 2021

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. But I’ll be even more summary than usual today because of the press of business We finally may have gotten an explanation why the court rescheduled Dignity Health, Inc. In addition, the court relisted: Boardman v.

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