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The Illusion of Action: Cuomo’s New Gun Manufacturer Liability Law is a Colossal Misfire

JonathanTurley

Even if the law passes constitutional review, there remains its ambiguous standard. For decades, states and cities have tried to curtail gun sales through nuisance litigation; they have uniformly failed because the effort is transparently an effort to achieve gun control through litigation.

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Supreme Court Rejects Cause of Action Under Bivens Against Border Patrol Agent

Constitutional Law Reporter

Respondent Robert Boule owns a bed-and-breakfast—the Smuggler’s Inn—in Blaine, Washington. 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). Facts of the Case. Anderson v. Creighton , 483 U.S. 635 (1987).

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No Joke: Supreme Court Case Could Take a Big Bite Out of the First Amendment

JonathanTurley

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). Past tort cases generally have favored celebrities and resulted in rulings like White v. Follow him on Twitter @JonathanTurley.

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The Supreme Court Fails To End The Feres Doctrine. Now It Is Up To Congress

JonathanTurley

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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Alec Baldwin’s Trump Defense: A Torts Case Where Imitation Merged With Litigation

JonathanTurley

However, Roice later shared a photo on Instagram of herself at the Washington Monument, participating in the Jan. T]he Court concludes that Roice fails to allege that the post contains any false information: she admits that she was present at the demonstration in Washington, D.C. That should have been the end of a nice story.

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“Take What You Can, Give Nothing Back”: The Depp Defamation Trial and the Curious Legal Position of Celebrities in Litigation

JonathanTurley

Depp and Heard were married for just over a year but have already spent three times than that in litigation. Depp earlier tried to sued a newspaper in England where the libel laws are far more favorable to those claiming defamation. Malice is one thing that this briefly married couple seems to have an abundance of.

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New York’s Circular Firing Squad: Gun Groups Sue Over Latest Legislative Misfire on Gun Control

JonathanTurley

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. At its passage, New York officials pounded their chests and promised they were certain of the constitutionality of the law and would litigate it all the way to the Supreme Court.