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Supreme Court Clarifies Scope of Alien Tort Statute

Constitutional Law Reporter

Supreme Court clarified when plaintiffs can seek redress in U.S. courts for human rights abuses that occur overseas. By a vote of 8-1, the Court held that to plead facts sufficient to support a domestic application of the Alien Tort Statute, 28 U.S.C. Supreme Court’s Decision. The Supreme Court reversed.

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Fundamental rights are enforceable against private individuals and entities, rules India Supreme Court

JURIST

A Constitution Bench of the India Supreme Court Tuesday ruled that fundamental rights under Articles 19 and 21 of the India Constitution are enforceable against even private individuals and entities. Article 19 pertains to freedom of speech rights while Article 21 has to do with life and liberty under the process of law.

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Unanimous Court Rules FTCA Bars Suit Against Federal Officers

Constitutional Law Reporter

S. _ (2021), the Supreme Court ruled that the Federal Tort Claims Act barred college student James King’s claims of police brutality. The Court unanimously held that the district court’s dismissal of King’s claims under the FTCA triggered the “judgment bar” in 28 U.S.C. In Brownback v.

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Supreme Court Limits Standing for Class-Action Suits Under FCRA

Constitutional Law Reporter

By a vote of 5-4, the justices held that only a plaintiff concretely harmed by a defendant’s violation of the Fair Credit Reporting Act (FCRA) has Article III standing to seek damages against that private defendant in federal court. The District Court ruled that all class members had Article III standing on each of the three statutory claims.

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TikTok Torts: Idaho Professor Sues “Internet Sleuth” for Defamation Over Idaho Murders

JonathanTurley

As one court noted, “‘rhetorical hyperbole,’ ‘vigorous epithet[s],’ ‘lusty and imaginative expressions[s] of. contempt,’ and language used ‘in a loose, figurative sense’ have all been accorded constitutional protection.” That was the case with the litigation over the false claims made against former Rep. Guillard.

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SCOTUS Rules Acquittal Not Required to Bring Malicious Prosecution Claim

Constitutional Law Reporter

Supreme Court held that to demonstrate a favorable termination of a criminal prosecution for purposes of the Fourth Amendment claim under 42 U.S.C. Supreme Court’s Decision. By a vote of 6-3, the Supreme Court reversed. However, the courts of appeal disagreed about what constitutes a favorable termination.

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SCOTUS Kicks Off February Session With Four Cases

Constitutional Law Reporter

Supreme Court returned to the bench this week to begin their February session. In the most high-profile case of the week, the Court addressed the scope of the attorney-client privilege when an attorney provides both legal and non-legal advice. The justices heard oral arguments in four cases, two of which involved labor disputes.