JonathanTurley

APRIL 14, 2022

It is a curious defense because it is not a legal defense. In recent public statements , Heard insists that “I never named him, rather I wrote about the price women pay for speaking against men in power.” ” Her counsel emphasized that fact in their opening arguments. Heard can have still defamed Depp without mentioning him.

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Litigation Litigating Legal Legal 44

JonathanTurley

NOVEMBER 20, 2023

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.” I have long incorporated race issues in my classes.

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Law School Education Tort Laws 69

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. Thus, Sherrill should reveal the House members who she believes conspired with rioters, which presumably she has already given to legal authorities. Either possibility is unsettling.

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Tort Court Rules Court Constitutional Law 59

Conflict of Laws

MAY 9, 2023

Written by Zuzanna Nowicka , lawyer at the Helsinki Foundation for Human Rights and lecturer at Department of Logic and Legal Argumentation at University of Warsaw In the aftermath of the judgment of the ICJ of 2012 in the case of the Jurisdictional Immunities of the State (Germany v.

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Court Constitutional Law Laws Legal 40

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. It is the latest such controversy in high education. I am assuming that the professor and students were discussing State v. That does not make them racists.

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Laws Tort Law School Education 56

JonathanTurley

JULY 15, 2022

after her allegation that a witness lied under oath in opposing gun laws three years ago in a hearing. In a hearing this month, she made the allegation against Heritage Foundation legal fellow and Second Amendment expert Amy Swearer. That exposes witnesses to abuse without legal recourse. Katie Porter (D.,

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Felony Legal Legal Laws 51

JonathanTurley

SEPTEMBER 22, 2022

” The filing is a Jackson Pollock of legal claims with twelve claims thrown against Florida from false imprisonment to intentional infliction of emotional distress to misuse of the Coronavirus State Fiscal Recovery Fund. 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

JonathanTurley

DECEMBER 1, 2024

Germany imposed a legal regime that would allow fining social networks such as Facebook up to 500,000 euros ($522,000) for each day the platform leaves a “fake news” story up without deleting it. We discussed how Germany is extending its criminalization of speech to the Internet.

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Government Criminal Law Laws Court 68

JonathanTurley

OCTOBER 19, 2021

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 2009, the New York courts ruled that Metro workers were not legally required to assist a woman being raped at a station. In torts, there is no duty to rescue rule.

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Tort Misdemeanor Legal Legal 55

Constitutional Law Reporter

JANUARY 31, 2022

The central issue before the Court in both cases is whether the vaccine mandates should be allowed to move forward while the legal challenges work their way through the lower courts. The post Justices Hear Oral Arguments in Four Cases appeared first on Constitutional Law Reporter.

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Immigration Statute Tort Healthcare 52

JonathanTurley

NOVEMBER 28, 2022

It was a tour-de-force on the value of satire to make profound legal and political points. 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). Image from Supreme Court Petition.

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Court Tort Felony Litigation 53

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

SEPTEMBER 22, 2024

The Kohls complaint argues that the law flips the burden to creators to establish a defense. One of the more interesting legal issues is how the law defines “malice.” This line is equally difficult under the tort’s standard for the commercial appropriation of use or likeness.

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Laws Tort Real Estate Statute 58

JonathanTurley

FEBRUARY 19, 2022

Rakoff came up with a curious legal version of a palindrome in the defamation trial of former Alaska governor and vice presidential candidate Sarah Palin v. That issue would have to be decided by the Supreme Court however given the prior ruling in New York Times v. Here is the column: In a trial in New York, federal judge Jed S.

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Freelance Court Legal Legal 45

JonathanTurley

MARCH 12, 2022

I am very skeptical over the basis of this lawsuit, which rests on the assumption that, if the parents knew, they had a legal obligation to disclose that knowledge to Gabby Petito’s parents, Joseph Petito and Nichole Schmidt. The complaint does not clearly establish the legal duty that was breached in failing to come forward.

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Tort Legal Legal Depositions 41

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

JonathanTurley

DECEMBER 19, 2021

The reason is that these legislative measure are propelled by political rather than legal judgment. The gun nuisance law is the latest in a long line of mistakes by New York. Not only is the law likely to be a large miss, it will likely deliver another blow to gun control efforts by adding precedent protecting Second Amendment rights.

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Manufacturing Laws Litigation Litigating 36

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

MARCH 2, 2022

“Although the Final Judgment ultimately rests on the Court’s dismissal of the action under Rule 50, that legal conclusion is reinforced by the jury’s verdict that defendants are not-liable. It is frankly absurd. Yet, Rakoff blissfully brushes such concerns to the side.

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Court Constitutional Law Tort Laws 9

JonathanTurley

MAY 17, 2021

Fortunately, the government has been largely benign in the use of such laws but there are far greater restrictions placed on British media than their American cousins. For full disclosure, I was until a few months ago a legal analyst for the BBC). She sued Associated Newspapers, which publishes U.K. For example, in Sidis v.

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Tort Court Government Laws 58

JonathanTurley

NOVEMBER 28, 2024

Peanut even appeared in my torts class this term, posthumously, of course. Nora Constance Marino told Fox “[i]t appears as though there were multiple constitutional law violations here — or at the very least, there are many questions as to why the government chose the actions that they chose.

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Tort Government Constitutional Law Statute 59

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). The West Point case shows the legal lunacy and lethality of this doctrine.

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Court Tort Litigation Litigating 49

JonathanTurley

AUGUST 25, 2021

the Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. In my view, the case is not only lacking legal merit but would pose a serious threat to artistic expression under the First Amendment. In New York Times v. Here is the complaint: Elden v.

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Personal Injury Tort Court Rules Statute 56

JonathanTurley

SEPTEMBER 16, 2023

There are a couple torts that could be raises but neither would be compelling in this circumstance. The second tort is the inclusion upon seclusion. Ironically, I am far more concerned about Gibson’s view of criminal and constitutional law than I am her alleged online fetish. However, this was not a private fact.

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Tort Misdemeanor Criminal Law Constitutional Law 52

JonathanTurley

NOVEMBER 22, 2022

For the record, I am a legal analyst for Fox News, though I have spent my entire academic and professional career opposing criminal and civil efforts to punish or chill free speech. It would also not pass constitutional muster, in my view. The most obvious form of civil liability would be some type of tort action.

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Tort Court Rules Sports Court 58

JonathanTurley

APRIL 19, 2023

As a legal analyst on Fox News, I have largely refrained from writing about the case. Many of us who teach in the areas of tort and constitutional law were uneasy over the impact of a verdict in light of the Supreme Court’s landmark decision in New York Times v. That was roughly half of the $1.6

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Tort Constitutional Law Legal Legal 47

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. Your classmates may refer you cases.

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Law School Laws Personal Injury Education 98

JonathanTurley

DECEMBER 9, 2020

The lawsuit strikes me as meritless under governing tort doctrines. Torts cases of defamation often turn common understanding of such expression as jokes or opinion. The lawsuit not only contradicts governing case law but threatens constitutional protections for free speech and the free press in seeking such tort relief.

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Tort Lawyers Lawyer Real Estate 43

JonathanTurley

DECEMBER 27, 2020

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. The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press.

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Laws Tort Law School Constitutional Law 55

JonathanTurley

MAY 23, 2021

.” What is most interesting about this lawsuit is how it is arguably meritless under both tort and constitutional law. However, there has been little pushback from a host of lawyers who have spent months calling for sanctions against Republican lawyers for filing lawsuits viewed legally or factually meritless.

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Tort Lawyer Lawyers Constitutional Law 50

JonathanTurley

MAY 7, 2022

We have previously discussed this tort theory. The claim for intentional infliction of emotional distress fails for the additional reason that the conduct alleged by the plaintiff is not so extreme or outrageous as to be covered by the tort of intentional infliction of emotional distress. Such lawsuits are very difficult to maintain.

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Court Tort Cause of Action Constitutional Law 38

JonathanTurley

MARCH 8, 2021

After all, an array of legal experts has insisted for months that this was clear criminal incitement, not an exercise of free speech. As if to guarantee failure, Swalwell picked the very tort — emotional distress — that was previously rejected by the Supreme Court. One might think this would be a lead-pipe cinch of a case.

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Tort Legal Legal Court 60

JonathanTurley

MARCH 31, 2021

Eric Swalwell against former President Donald Trump as a serious miscalculation that could result in a legal vindication for Trump either on the trial or appellate levels. In my view, the lawsuit contravenes free speech as well as controlling case law from the Supreme Court. I recently wrote about the lawsuit by Rep.

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Punitive Damages Tort Statute Court 44

JonathanTurley

JANUARY 24, 2022

Where Baldwin famously adopted the persona of Trump for Saturday Night Live, he will now likely adopt his actual legal defense to fend off the family of a Marine killed in Afghanistan. Roice responded correctly that “protesting is perfectly legal in the country and I’ve already had my sit down with the FBI.

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Legal Legal Litigation Litigating 46

JonathanTurley

AUGUST 23, 2023

Roice responded correctly that “protesting is perfectly legal in the country and I’ve already had my sit down with the FBI. He wrote: “When I sent the $ for your late brother, out of real respect for his service to this country, I didn’t know you were a January 6th rioter.” Thanks, have a nice day!”

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Tort Litigation Litigating Court 45

JonathanTurley

AUGUST 21, 2021

Even law professors have succumbed to this low-grade form of debate. Figures like Harvard Professor Laurence Tribe now regularly engage in profane and personal attacks when they disagree on political or legal issues. We can have passionate debates without resorting to such juvenile and offensive attacks.

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Misdemeanor Government Tort Constitutional Law 59

JonathanTurley

FEBRUARY 3, 2022

” The lawsuit is novel and would create new law, if successful. However, after reading the filing, I remain skeptical of the legal basis for the action. The complaint alleges that the defendants sought to “obstruct a constitutional proceeding by intimidating and retaliating against a key witness.” 1985(2).

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Punitive Damages Tort Attorney Statute 51