Conflict of Laws

AUGUST 15, 2024

The book explores the approach of English courts to jurisdictional issues in foreign direct liability (FDL) claims brought against English-based parent companies and their foreign subsidiaries as co-defendants. Chapter 4 examines the capacity and challenges faced by English courts in adjudicating foreign direct liability (FDL) claims.

Tort 64

Tort Litigation Litigating Court 64

JonathanTurley

SEPTEMBER 9, 2021

Free speech has always held a precarious position in Australia which does not have an equivalent to the First Amendment in guaranteeing free speech as a constitutional right. Despite this history, a new decision out of the High Court is still shocking in its implications for further attacks on free speech.

Tort 42

Tort Court Compensatory Damages Entertainment 42

JonathanTurley

JANUARY 13, 2021

The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. The Court sought to create “breathing space” for the media by articulating that standard that now applies to both public officials and public figures. Obviously, truth remains a defense.

Tort 59

Tort Court Rules Court Constitutional Law 59

JonathanTurley

DECEMBER 1, 2024

As if to prove her point, Faeser allegedly unleashed her office on Bendels and threatened him with a criminal prosecution for lampooning her views. The court has already imposed a fine, but according to some reports, jail time is possible. If true, this would seem a major story in using criminal laws to police parodies.

Government 67

Government Criminal Law Laws Court 67

JonathanTurley

JUNE 30, 2021

Bill Cosby is a free man after the Pennsylvania Supreme Court overturned the conviction that sent him to jail roughly three years ago to serve 3-10 years for sexual assault. He proceeded to incriminate himself in what the Court said was a bait-and-switch. The court yielded to prosecutorial demands that were facially unconstitutional.

Tort 60

Tort Depositions Laws Statute 60

JonathanTurley

OCTOBER 19, 2021

We have seen criminal charges for videotaping crime scenes in other countries. We also discussed a torts case involving a delay in calling police, but that case involved people who were deemed partially responsible for a death. In torts, there is no duty to rescue rule. Cf: Restatement, Torts, § 322. French, 104 Pa.

Tort 56

Tort Misdemeanor Legal Legal 56

JonathanTurley

AUGUST 25, 2021

Civil and statutory claims can be curtailed by constitutional limitations. Supreme Court ruled against a provision of federal law that banned computer simulations and virtual pornography under the first amendment. This is such a case in my view. In 2002, the U.S. In Ashcroft v. In New York Times v.

Personal Injury 57

Personal Injury Tort Court Rules Statute 57