JonathanTurley

DECEMBER 6, 2023

There are 33 states with retraction statutes. .” These retraction letters are often the open salvo in defamation actions. The letter notifies Carron J. Phillips, Deadspin, G/O Media, and Great Hill Partners. Other states effectively make such a letter a required step.

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JonathanTurley

JANUARY 29, 2022

COUNT II Violation of University of Illinois Statutes. These lawsuits can play an important role in reinforcing basic fairness in the handling of such allegations. Here are the four counts and the complaint: COUNT I Violation of the First and Fourteenth Amendments. COUNT III Violation of the Fifth and Fourteenth Amendments.

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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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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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JonathanTurley

JUNE 30, 2021

Roughly 30 states and the District of Columbia have statutes allowing for recovery for wrongful convictions and imprisonment. It must be done under common law, which is challenging. Under common law, Cosby could sued for malicious prosecution. Pennsylvania is not one of them (which is quite surprising). However, recently Gov.

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JonathanTurley

SEPTEMBER 22, 2024

One of the more interesting legal issues is how the law defines “malice.” Sullivan on defamation to define the element as the statute requires “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

OCTOBER 31, 2022

There was an interesting torts question raised last week over an abortion rights video ad shared by former Secretary of State Hillary Clinton, Democratic Gov. The video was made to support Proposition 1, a pro-choice amendment to the California State Constitution. Gavin Newsom, and others.

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JonathanTurley

DECEMBER 19, 2021

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. It is political merit — rather than legal merit — that has often propelled New York anti-gun laws.

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JonathanTurley

NOVEMBER 28, 2024

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. Later, an Instagram page dedicated to him gained more than one million followers.

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Tort Government Constitutional Law Statute 59

JonathanTurley

AUGUST 25, 2021

The case is brought under statutes like 18 U.S.C. the Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. Likewise, areas like defamation have been limited by the First Amendment. In New York Times v.

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Personal Injury Tort Court Rules Statute 57

JonathanTurley

FEBRUARY 18, 2022

Here is the column: For those of us who teach torts, we are living in the golden age of defamation. Moreover, publications are protected in most states by retraction statutes limiting or blocking damages for corrected stories. It is a tough question with good arguments on both sides, but it is a debate that is long overdue.

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JonathanTurley

DECEMBER 15, 2021

. “[t]he CVA effectively strips defendants of any timeliness defense so long as the conduct over which they are sued constitutes a sexual offense under Article 130 or violations of other enumerated statutes.

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Statute Tort Laws Court 46

JonathanTurley

MARCH 31, 2021

The second “Count Five” is actually just a demand for punitive damages, rather than an actual separate tort. COUNT FOUR (Violation of a Public Safety Statute: D.C. COUNT FIVE (Violation of a Public Safety Statute: D.C. The first five counts are: COUNT ONE (Directing Assault and Battery).

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Punitive Damages Tort Statute Court 45

JonathanTurley

FEBRUARY 3, 2022

Putting aside a later defamation action (though the statute of limitations is a concern), the filing could present an interesting question of whether the statute can be used to chill or curtail free speech. 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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Punitive Damages Tort Attorney Statute 52