JonathanTurley

AUGUST 25, 2021

The case is brought under statutes like 18 U.S.C. Supreme Court ruled against a provision of federal law that banned computer simulations and virtual pornography under the first amendment. In New York Times v. Civil and statutory claims can be curtailed by constitutional limitations. This is such a case in my view.

Personal Injury 54

Personal Injury Tort Court Rules Statute 54

JonathanTurley

JANUARY 19, 2022

It could be claimed that she became a limited public figure subject to the higher standard of proof in New York Times v. The Supreme Court has held that public figure status applies when someone “thrust[s] himself into the vortex of [the] public issue [and] engage[s] the public’s attention in an attempt to influence its outcome.”

Laws 29

Laws Tort Diligence Court 29

JonathanTurley

OCTOBER 31, 2023

Below is an expanded version of my column in the New York Post on the return of Halloween and joy of little litigators in anticipation of the return of the festival of Samhain. The result is a wicked brew of negligence, product defects, intentional torts, and every other tort and crime known above the netherworld.

Tort 52

Tort Lawyers Lawyer Personal Injury Lawyer 52

JonathanTurley

OCTOBER 30, 2023

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.

Tort 55

Tort Litigation Litigating Construction 55

ClimateChange-ClimateLaw

NOVEMBER 7, 2017

On October 19, the Second Circuit Court of Appeals denied a natural gas pipeline developer’s petition for panel rehearing or rehearing en banc of its ruling that upheld the New York State Department of Environmental Conservation’s (NYSDEC’s) denial of a water quality certificate for the pipeline. 3:17 -cv-02824 (N.D.

Court 40

Court Attorney Technology Assisted Review Legal 40

SCOTUSBlog

JUNE 16, 2022

As October Term 2021 winds to a close, the Supreme Court is holding its penultimate scheduled conference this week. Hochul , involving New York State’s mandate that health care workers must have received a COVID-19 vaccination to remain on the job. First up is Dr. A v.

Education 106

Education Government Court Cause of Action 106

ClimateChange-ClimateLaw

OCTOBER 7, 2019

The federal district court for the District of South Dakota temporarily enjoined enforcement of provisions of a riot boosting statute enacted in South Dakota in 2019 in response to anticipated protests of the Keystone XL pipeline. New York Court Dismissed Challenge to Local Zoning Law that Restricted Development of Solar Facilities.

Court 40

Court Statute Government Tort 40

ClimateChange-ClimateLaw

FEBRUARY 10, 2020

If the renewal license was an order, the First Circuit asked the state court to address whether the CCA expressly preempted the ordinance challenged in this case. Federal Court Dismissed “Frivolous” First Amendment Claims by Man Who Sought Distribution of Position Paper Referring to Climate Change as “Malicious Hoax”.

Court Reporting 40

Court Reporting Court Government Construction 40

SCOTUSBlog

JANUARY 16, 2025

Court of Appeals for the 6th Circuit affirmed , holding that because a federal agency now has the final say over how the private horse-racing authority implements the federal statute, the amended law did not impermissibly delegate authority to a private entity. The challengers then sought Supreme Court review. 10 conference.)

Tort 105

Tort Statute Court Education 105

ClimateChange-ClimateLaw

FEBRUARY 10, 2021

A magistrate judge in the federal district court for the District of Colorado recommended that the court grant an underground coal mine operator’s motion to dismiss a Clean Air Act citizen suit that alleged the mine required a Prevention of Significant Deterioration construction permit and a Title V operating permit. 1:20-cv-01342 (D.

Court Reporting 45

Court Reporting Construction Court Government 45

ClimateChange-ClimateLaw

JUNE 8, 2021

Supreme Court held that the Fourth Circuit Court of Appeals erred when it concluded that its review of the remand order in Baltimore’s climate change case against fossil fuel companies was limited to determining whether the defendants properly removed the case under the federal officer removal statute.

Court 45

Court Statute Government Litigating 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. That was the concern that led the Supreme Court to curtail defamation actions.

Punitive Damages 49

Punitive Damages Tort Attorney Statute 49

The Volokh Conspiracy

JUNE 10, 2025

The state's age-verification requirement "imposes a clear burden," the Free Speech Coalition told the Supreme Court, "forcing adult users to incur severe privacy and security risks—which the statute leaves largely unaddressed—before they can access constitutionally protected speech." We'll see what we get.

Court 111

Court Government Tort Calendaring 111