JonathanTurley

OCTOBER 19, 2021

Generally there is no duty to rescue or to call police under the common law. The law covers violent crimes, sexual assault, and assault of a child. I am unaware of such a law in Pennsylvania, but these laws are rarely enforced. In torts, there is no duty to rescue rule. Cf: Restatement, Torts, § 322.

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Tort Misdemeanor Legal Legal 54

Constitutional Law Reporter

MAY 13, 2022

Thompson’s sister-in-law, who apparently suffered from a mental illness, called 911 to report that Thompson was sexually abusing the baby. However, the courts of appeal disagreed about what constitutes a favorable termination. To resolve the circuit split, the Supreme Court looked to American malicious prosecution tort law as of 1871.

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Tort Court Constitutional Law Laws 52

Constitutional Law Reporter

MARCH 9, 2021

S. _ (2021), the Supreme Court ruled that the Federal Tort Claims Act barred college student James King’s claims of police brutality. In reaching its decision, the Court highlighted that similar to common-law claim preclusion, the judgment bar requires a final judgment “on the merits.” In Brownback v. King ,592 U. Six Unknown Fed.

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Court Rules Tort Court Cause of Action 52

JonathanTurley

MAY 21, 2021

The New York Times is reporting that a Rutgers Law Professor and law student are under fire after the student reluctantly read the n-word in a 1993 legal opinion. That triggers a petition from students to demand action from the law school and apologies from both the professor and the student. That does not make them racists.

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Laws Tort Law School Education 56

JonathanTurley

JULY 12, 2021

The centerpiece of Cuomo’s plan is a new law to allow victims of gun violence to sue gun manufacturers under a nuisance theory. It is doubtful that Cuomo truly believes that the law will make a significant, if any, impact on gun violence. The new law is written to get around a federal ban on such lawsuits. Of the $138.7

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Manufacturing Laws Litigation Litigating 56

Constitutional Law Reporter

SEPTEMBER 15, 2021

Justice Kavanaugh wrote: For standing purposes, therefore, an important difference exists between (i) a plaintiff ’s statutory cause of action to sue a defendant over the defendant’s violation of federal law, and (ii) a plaintiff ’s suffering concrete harm because of the defendant’s violation of federal law. the tort of defamation.

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Court Cause of Action Tort Punitive Damages 52

Constitutional Law Reporter

JANUARY 26, 2023

The specific issue is: “ Whether the National Labor Relations Act impliedly preempts a state tort claim against a union for intentionally destroying an employer’s property in the course of a labor dispute.” The post SCOTUS Kicks Off February Session With Four Cases appeared first on Constitutional Law Reporter.

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Attorney Tort Legal Legal 52

JonathanTurley

JUNE 30, 2021

We still believe that no one is above the law — including those who are rich, famous and powerful.”. Moreover, Steele is right, “no one is above the law” including prosecutors who are not allowed to pursue convictions at any cost in popular high-profile cases. It must be done under common law, which is challenging.

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Tort Depositions Laws Statute 59

JonathanTurley

APRIL 23, 2021

Sullivan, sued for defamation and won under Alabama law. Sullivan’s lawsuit was one of a number of civil actions brought under state laws that targeted Northern media covering the violence against freedom marchers. Tort liability for the statements in the flyer would contravene core free speech rights. seven times.

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Tort Education Laws Court Rules 59

JonathanTurley

NOVEMBER 20, 2023

Law schools are also facing controversial mandates. In 2022, the American Bar Association required law schools to “provide education to law students on bias, cross-cultural competency, and racism: (1) at the start of the program of legal education, and (2) at least once again before graduation.” He later apologized.

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Law School Education Tort Laws 68

JonathanTurley

JANUARY 29, 2022

The use of the censored references led to a complaint in a letter from the Black Law Students Association and later a petition which called for Kilborn to be stripped of his committee assignments and other reforms.

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Laws Law School Education Construction 39

JonathanTurley

SEPTEMBER 9, 2021

The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. For Civil Rights Under Law, Inc. Congress recognized the threat that tort-based lawsuits pose to freedom of speech in the new and burgeoning Internet medium. Craigslist, Inc. ,

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Tort Court Compensatory Damages Punitive Damages 40

JonathanTurley

APRIL 28, 2021

Indeed, he would likely be protected from tort liability. The mere fact that Bigan saw Yania in a position of peril in the water imposed upon him no legal, although a moral, obligation or duty to go to his rescue unless Bigan was legally responsible, in whole or in part, for placing Yania in the perilous position: Restatement, Torts, § 314.

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Tort Legal Legal Court 40

JonathanTurley

NOVEMBER 28, 2022

He was charged with (and later acquitted of) a felony under an Ohio law prohibiting the use of a computer to “disrupt” or “interrupt” police functions. Parody and satire also face threats from other legal actions, particularly tort actions over the appropriation of names or likenesses (called the right to publicity).

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Court Tort Felony Litigating 53

Conflict of Laws

MAY 9, 2023

In a nutshell, according to the Italian Constitutional Court, the fundamental human rights cannot be automatically and unconditionally sacrificed in each and every case in order to uphold the jurisdiction immunity of a foreign State allegedly responsible for serious international crimes.

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Court Constitutional Law Laws Legal 40

JonathanTurley

MARCH 12, 2022

Regents of University of California , which I teach in my torts class. This is different from a situation where the parents knew information that would have prevented a death. Such a case was raised in the famous case of Tarasoff v.

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Tort Legal Legal Depositions 41

JonathanTurley

DECEMBER 6, 2023

Missouri does not appear to have a formal retraction law, but it is still considered a necessary step. Judge Frank Easterbrook wrote that “although the article drips with disapproval of Wilkow’s (and the judges’) conduct, an author’s opinion about business ethics isn’t defamatory under Illinois law.”

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Punitive Damages Court Lawyer Lawyers 57

JonathanTurley

NOVEMBER 18, 2022

Auburn University has lost a major case involving free speech after a jury ruled in favor of Prof. Michael Stern, a tenured economics professor.

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Punitive Damages Compensatory Damages Education Sports 52

JonathanTurley

NOVEMBER 28, 2024

To protect such families in the future, a new law called the P’Nut Law has been introduced. Peanut even appeared in my torts class this term, posthumously, of course. Even though Peanut was a pet, he was still considered a wild animal in New York, both by statute and common law.

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Tort Government Constitutional Law Statute 58

JonathanTurley

DECEMBER 1, 2024

If true, this would seem a major story in using criminal laws to police parodies. The impact of these laws was evident in a recent poll of German citizens. While this may seem biased in favor of our common law system, the controversy over his meme shows why (in my view) such systems are better suited for resolving such controversies.

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Government Criminal Law Laws Court 67

JonathanTurley

SEPTEMBER 22, 2024

California has triggered the first lawsuit over its controversial new laws that require social media companies to censor fake images created by artificial intelligence , known as deepfakes as well as barring the posting of images. The law raises serious and novel constitutional questions under the First Amendment.

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Laws Tort Real Estate Statute 57

ClimateChange-ClimateLaw

APRIL 8, 2022

On February 8, 2022, the Chamber of Deputies of the Italian Republic gave its final approval to the proposed constitutional law A.C.3156-B 3156-B providing environmental protection amendments to Articles 9 and 41 of the Italian Constitution. By Riccardo Luporini, Matteo Fermeglia, and Maria Antonia Tigre. In Neubauer, et al.

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Litigation Litigating Government Legal 100

Constitutional Law Reporter

JANUARY 31, 2022

The justices have agreed to decide the following question: “Whether the federal Medicaid Act provides for a state Medicaid program to recover reimbursement for Medicaid’s payment of a beneficiary’s past medical expenses by taking funds from the portion of the beneficiary’s tort recovery that compensates for future medical expenses.”.

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Immigration Statute Tort Healthcare 52

Constitutional Law Reporter

JUNE 17, 2022

Boule filed a grievance with Agent Egbert’s supervisors and an ad- ministrative claim with Border Patrol pursuant to the Federal Tort Claims Act (FTCA). The post Supreme Court Rejects Cause of Action Under Bivens Against Border Patrol Agent appeared first on Constitutional Law Reporter.

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Cause of Action Court Tort Immigration 52

JonathanTurley

MARCH 7, 2021

Moreover, our tort for the public disclosure of embarrassing private facts has an exclusion for “newsworthy” stories. The exception is so broad that many have complained that it has “swallowed the tort.” Yet, it operates under a hazy set of laws that often treats journalism as a privilege.

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Court Rules Drafting Court Tort 38

Conflict of Laws

AUGUST 15, 2024

While written from the perspective of English law, it incorporates comparative insights from similar FDL claims in other jurisdictions, including Australia, Canada, EU Member States, and the US. Chapter 4 examines the capacity and challenges faced by English courts in adjudicating foreign direct liability (FDL) claims.

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Tort Litigation Litigating Court 64

JonathanTurley

MARCH 21, 2021

Sullivan, sued for defamation and won under Alabama law. Sullivan’s lawsuit was one of a number of civil actions brought under state laws that targeted Northern media covering the violence against freedom marchers. seven times. The Montgomery Public Safety commissioner, L. He was awarded $500,000 — a huge judgment for the time.

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SCOTUSBlog

APRIL 15, 2022

Share Under established constitutional law, states may generally not tax or regulate property or operations of the federal government. A 1936 federal law waives federal immunity from state workers’ compensation laws on federal land and projects. This principle is known as intergovernmental immunity. Washington.

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Contract Government Statute Construction 104

JonathanTurley

MARCH 2, 2022

The Court continues to have great confidence in the integrity of the jury’s verdict, notwithstanding that a few jurors became aware, involuntarily, of the bare fact that the Court intended to dismiss the case as a matter of law.” Again, it is clearly that his view had not changed one iota since he was reversed by the Second Circuit.

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Court Constitutional Law Tort Laws 9

LawTechnologyToday

FEBRUARY 28, 2023

Alfonso Nevárez (AN) of Nevarez Law Group is a skilled injury lawyer that has litigated cases involving catastrophic injuries and death against some of the largest corporations in the world In 1998, Lance Entrekin (LE) started The Entrekin Law Firm to assist injury victims in the state of Arizona. Law school is theoretical.

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Law School Laws Personal Injury Education 98

JonathanTurley

MAY 6, 2021

I have been a vocal critic of Feres for decades and wrote a three-part study of the military legal system 20 years ago that detailed how this doctrine began in 1950 with a clearly erroneous reading of the Federal Tort Claims Act (FTCA). Tort liability does not simply make victims whole but encourages others to take precautions.

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Court Tort Litigating Litigation 49

JonathanTurley

AUGUST 25, 2021

Supreme Court ruled against a provision of federal law that banned computer simulations and virtual pornography under the first amendment. the Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. This is such a case in my view. In 2002, the U.S.

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Personal Injury Court Rules Tort Statute 56

JonathanTurley

FEBRUARY 17, 2022

There is a major development in the Sarah Palin defamation case where a jury recently rejected her claims against the New York Times. The case had a curious profile because the judge sent out the jury to deliberate and then announced that, while he would let them reach a verdict, it would not matter: he would dismiss the case anyway.

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Litigating Litigation Court Lawyer 55

JonathanTurley

APRIL 14, 2022

Depp earlier tried to sued a newspaper in England where the libel laws are far more favorable to those claiming defamation. Depp and Heard were married for just over a year but have already spent three times than that in litigation. He still lost and the judge declared that the Sun published was “substantially true.”

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Litigation Litigating Legal Legal 44

JonathanTurley

JUNE 15, 2023

They then watched from a safe distance as extensive property damage occurred and violent crime spiked in the absence of any law enforcement. .” Many of us were shocked when the local officials decided to abandon the area, including a police station.

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Government Laws Constitutional Law Tort 47

JonathanTurley

DECEMBER 15, 2021

The law is needed because Giuffre’s action against Prince Andrew would be otherwise time-barred. Prince Andrew is arguing that there is an inherent conflict under state law with these claims in light of the general consent law in New York. Yet, there is a valid question raised on how the two laws can be read consistently.

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Statute Tort Laws Court 45

JonathanTurley

SEPTEMBER 22, 2022

Indeed, I teach in torts where an immigrant to the United States filed a tort action for an involuntary inoculation upon entry in O’Brien v. The complaint is stronger on rhetoric than supporting facts or law. The filing of a lawsuit upon entry to the United States is not unprecedented, of course.

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Tort Immigration Litigation Litigating 57