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. The post Unanimous Court Rules FTCA Bars Suit Against Federal Officers appeared first on Constitutional Law Reporter. In Brownback v. King ,592 U. Six Unknown Fed. Narcotics Agents , 403 U.S.

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Court Rules Tort Court Cause of Action 52

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 torts, there is no duty to rescue rule. Cf: Restatement, Torts, § 322. We have seen criminal charges for videotaping crime scenes in other countries. French, 104 Pa.

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Tort Misdemeanor Legal Legal 54

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

Constitutional Law Reporter

SEPTEMBER 15, 2021

Justice Kavanaugh wrote: Under longstanding American law, a person is injured when a defamatory statement “that would subject him to hatred, contempt, or ridicule” is published to a third party. 323, 349 (1974); see also Restatement of Torts §559 (1938). the tort of defamation.

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Court Cause of Action Tort Punitive Damages 52

Conflict of Laws

JANUARY 25, 2021

Programme: 29 January 2021 @ 4-6 PM (CET): Limiting European Integration Through Constitutional Law? Recent Decisions of the German Bundesverfassungsgericht and their Impact on Private International Law. Jurisdiction in Matters Relating to Cross-Border Torts according to the Recent Volkswagen Judgment of the Court of Justice.

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Laws Tort Constitutional Law Government 40

JonathanTurley

JUNE 30, 2021

It must be done under common law, which is challenging. Under common law, Cosby could sued for malicious prosecution. Pennsylvania cases for malicious prosecution are based on the Restatement (Second) of Torts. So Cosby could sue but would have to do so in a state that does not have a wrongful conviction provision.

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Tort Depositions Laws Statute 59

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

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. Congress recognized the threat that tort-based lawsuits pose to freedom of speech in the new and burgeoning Internet medium. The purpose of this statutory immunity is not difficult to discern.

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Tort Court Compensatory Damages Punitive Damages 40

JonathanTurley

APRIL 23, 2021

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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Tort Education Laws Court Rules 59

JonathanTurley

NOVEMBER 28, 2022

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.

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Court Tort Felony Litigation 53

JonathanTurley

NOVEMBER 20, 2023

I also teach critical race theory, alongside other legal theories to my first-year torts students. Many schools are now requiring faculty to annually confirm DEI or diversity components in teaching. I have long incorporated race issues in my classes.

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Law School Education Tort Laws 68

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

MAY 21, 2021

I do not use the term because I do not believe that it is necessary for the cases and material that a teach despite my teaching issues of discrimination in tort and constitutional cases. That does not make them racists. Admittedly, as many on this blog know, I tend to taken a more robust view of academic freedom and free speech.

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Laws Tort Law School Education 56

JonathanTurley

DECEMBER 6, 2023

Screenshot/Facebook/Shannon Arment The parents of Holden Armenta have retained counsel and sent a retraction letter to Deadspin in moves that usually precede the filing of defamation actions. Armenta was the target of a vicious and false attack by Deadspin’s Carron J. The writer has long been controversial, but Deadspin retained him.

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Punitive Damages Court Lawyers Lawyer 57

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. Below is my column in the Hill newspaper on the declaration of a gun violence emergency by New York Gov. Andrew Cuomo. If it sounds familiar that is because it is painfully familiar.

Manufacturing 56

Manufacturing Laws Litigation Litigating 56

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

JANUARY 29, 2022

We previously discussed the treatment of Professor Jason Kilborn, who was put on indefinite administrative leave after using a censured version of the n-word in an exam question at the University of Illinois Chicago (UIC).

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Laws Law School Education Construction 39

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 58

JonathanTurley

DECEMBER 1, 2024

Now, Interior Minister Nancy Faeser wants the world to know that she is not, as widely claimed, anti-free speech … so she is allegedly cracking down on free speech until people change their minds. It appears that, while the liberal Scholz government may be near collapse, irony is still thriving in Germany.

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Government Criminal Law Laws Court 67

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

JonathanTurley

SEPTEMBER 22, 2024

This line is equally difficult under the tort’s standard for the commercial appropriation of use or likeness. Parody and satire can constitute appropriation of names or likenesses (called the right to publicity). Past tort cases generally have favored celebrities and resulted in rulings like White v.

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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.

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Litigation Litigating Government Legal 100

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.” ” For example, in Sidis v. F-R Publishing Corp., 2d 806, 807 (2d Cir.

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Court Rules Drafting Court Tort 38

Conflict of Laws

AUGUST 15, 2024

The book is particularly notable for its observation—citing Professor Robert McCorquodale—that FDL claims intersect with various fields of law, such as domestic criminal law, tort law, contract law, human rights and constitutional law, comparative law, public international law, and private international law.

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Tort Litigation Litigating Court 64

JonathanTurley

MARCH 21, 2021

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. Here is the opinion: Project Veritas v.

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Tort Litigation Litigating Court 87

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 106

JonathanTurley

MARCH 2, 2022

Senior U.S. District Judge Jed Rakoff has issued a stinging rebuke to former Alaska Gov. Sarah Palin in seeking a new trial. A new trial was unlikely given Rakoff’s ruling that he would dismiss the case regardless of the verdict of the jury.

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Court Constitutional Law Tort Laws 9

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 Litigation Litigating 49

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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Litigation Litigating Court Lawyers 55

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. Likewise, areas like defamation have been limited by the First Amendment. In New York Times v.

Personal Injury 56

Personal Injury Tort Court Rules Statute 56

JonathanTurley

APRIL 14, 2022

“It is pronounced ‘ egregious.'” ” Captain Jack Sparrow’s clarification in the movie Pirates of the Caribbean could prove useful when actor Johnny Depp takes the stand in his defamation case in Fairfax, Virginia against his former wife, Amber Heard.

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Litigation Litigating Legal Legal 44

JonathanTurley

JUNE 15, 2023

Seattle-based ice cream company, Molly Moon’s Homemade Ice Cream, is in a dilemma. It wants to continue to support Black Lives Matter but it wants to recoup loses from the “CHOP” zone created by BLM activists and others in 2020.

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Government Laws Constitutional Law Tort 47

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 45

LawTechnologyToday

FEBRUARY 28, 2023

I grabbed my torts outline from law school and a copy of all relevant cases. With the benefit of decades of experience in the profession, I have a clear sense of the lessons from law school that mattered. Start from the End I crisply recall picking up the heavy constitutional law book during my first semester of law school.

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Law School Laws Personal Injury Education 98

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 splattering of a claims face considerable legal barriers based on the consent of the migrants, as shown in a waiver released by Florida.

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Tort Immigration Litigation Litigating 57