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US Supreme Court allows Medicaid programs to seek reimbursement from tort settlement payments

JURIST

The parents of Gianinna Gallardo initiated this lawsuit to seek “a declaration that Florida was violating the Medicaid Act by trying to recover from portions of the settlement compensating for future medical expenses.” Justice Sonia Sotomayor dissented from the ruling, with Justice Stephen Breyer joining.

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Appeals court rules University of South Florida cannot use sovereign immunity to dismiss COVID-19 fees lawsuit

JURIST

A Florida appeals court Wednesday held that the University of South Florida (USF) cannot invoke sovereign immunity to avoid a COVID-19 student fees lawsuit. USF appealed a trial court’s denial of “its motion to dismiss in which it asserted the defense of sovereign immunity.”

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Strikeout at The Boilerplate: Court Rules For Fan Contesting Fine Print On Baseball Ticket

JonathanTurley

In my torts class, we discuss sports torts and defenses. Last week, a three-justice panel of the Illinois First District Appellate Court in Chicago ruled against MLB and the Cubs in seeking to enforce the boilerplate language on arbitration printed on the back of baseball tickets.

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Spooky Torts: The 2023 List of Litigation Horrors

JonathanTurley

Here is my annual list of Halloween torts and crimes. Halloween has everything for a torts-filled holiday: battery, trespass, defamation, nuisance, product liability and more. However, my students and I often discuss the remarkably wide range of torts that comes with All Hallow’s Eve. In another June 2023 decision in Munoz v.

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October 2019 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

The court also temporarily enjoined two felony riot statutes because they went “far beyond” the State’s “appropriate interest” in criminalizing participation in a riot with acts of force or violence. The court also found that Mann’s lawsuit did not constitute state action and therefore dismissed the writer’s constitutional tort claim.

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Gaetz Could Be Washington’s Latest High-Profile Defamation Defendant

JonathanTurley

Indeed, as a torts professor, this could prove the golden age of defamation. Those cases join various cases against figures like Donald Trump, who recently lost a major ruling. It now seems certain that Florida Rep. He now practices in Florida at the firm Beggs & Lane.

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June 2021 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

The court denied, however, Connecticut’s motion for costs and fees, noting that several issues raised by Exxon were novel in the Second Circuit and that many relevant portions of district court rulings in other circuits had not been subject to appellate review until the Supreme Court’s recent decision in the Baltimore case.

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