SCOTUSBlog

SEPTEMBER 17, 2021

United States considers constitutional limits to military courts’ jurisdiction over retired servicemembers. Begani was tried and convicted by court-martial. In his petition, Begani asks the Supreme Court to review this decision and to limit military jurisdiction over retirees. In 2011’s AT&T Mobility LLC v. Sundance, Inc.

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Contract Government Tort Court 94

The Fashion Law

SEPTEMBER 23, 2021

In the newly-filed suit, Evangelista claims that Delaware-based ZELTIQ is on the hook for products liability, negligence, breach of warranty, and various types of fraud, among other claims, in connection with its willfully “deceptive acts and practices and false and misleading advertising.”

Personal Injury 85

Personal Injury Compensatory Damages Manufacturing Tort 85

Patently O

DECEMBER 18, 2023

by Dennis Crouch An increasing number of foreign defendants are being sued for IP infringement in US courts. These cases raise important procedural questions of district courts’ personal jurisdiction over the foreign defendants. Here, the sale of infringing product in the state is patent infringement — a tort.

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Tort Court Construction Manufacturing 64

Conflict of Laws

NOVEMBER 11, 2023

Individuals and local communities from foreign jurisdictions secured favourable outcomes and won jurisdictional battles in the English courts over the last years in several notable cases, including Lungowe v Vedanta , Okpabi v Shell and Begum v Maran. The Dyson case is particularly interesting for at least two reasons.

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Manufacturing Court Lawyer Lawyers 64

Conflict of Laws

JUNE 16, 2024

Abiru to the Nigerian Supreme Court and highlighted its significance for the development of Nigerian conflict of laws. Mayela Celis on 24 November 2021 in one blog post praised the appointment of Justice Loretta Ortiz Ahlf – a private international law expert – to the Mexican Supreme Court.

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Laws Cause of Action Tort Court 59

LexForti

FEBRUARY 6, 2023

respondent) in the District Court at Vadodara regarding the use of the brand name “Falcitab” for a medicine manufactured and sold by the respondent. Supreme Court The principles on which these cases are required to be decided are based on the Trade and Merchandise Marks Act of 1938. ’s case.

Manufacturing 52

Manufacturing Court Tort Laws 52

ClimateChange-ClimateLaw

JULY 21, 2023

Other companies, like chemical manufacturers, face lawsuits if they fail to prepare for climate-driven floods, storms, and wildfires , and may make claims under Environmental Insurance policies for damages arising from post-disaster pollutant spills.

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Litigation Litigating Finance Tort 97

At the Lectern

FEBRUARY 2, 2023

At the Supreme Court’s conference yesterday, actions of note included: Four-justice concurring statement leaves open future remedies for defendant who made “disastrous decisions” at trial Employment timekeeping. The court agreed to hear Camp v. Superior Court (2012) 210 Cal.App.4th The court granted-and-held Dhital v.

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Demurrer Contract Entertainment Tort 45

JURIST

AUGUST 5, 2021

The government of Mexico filed a complaint on Wednesday against eight gun manufacturers, holding companies and distributors, alleging tort claims based on a “deadly flood of military-style and other particularly lethal guns” across the border from the US into Mexico.

Manufacturing 211

Manufacturing Tort Court Government 211

Conflict of Laws

MARCH 17, 2025

I would be really curious to hear whether these or similar cases are also moving courts in other jurisdictions and how courts deal with them. Restitution of Money lost in Illegal Gambling Cases involving the recovery of money lost to illegal online gambling are being heard in courts across Germany and probably across Europe.

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Contract Family Law Laws Manufacturing 40

SimplyLawJobs

NOVEMBER 30, 2020

If you don’t, or you feel that you could do with some additional training, then the most important element is to gain some knowledge of how the English Legal System works, especially the court system and hierarchy. If a qualification is what you’re after, then the NALP Level 3 Award is what you need. Freelancing.

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Paralegal Paralegals Freelance Law Firms 62

Conflict of Laws

SEPTEMBER 21, 2023

Further, the new CPL introduces “the place of torts committed within the territory of China” as a new connecting factor for jurisdiction. Additionally, a new fall-back provision of “other appropriate connections” is included, granting Chinese courts greater flexibility over foreign-related cases. 276, para.

Procedural Law 59

Procedural Law Laws Litigating Litigation 59

ClimateChange-ClimateLaw

NOVEMBER 1, 2016

The Ninth Circuit Court of Appeals reversed a district court decision that vacated the listing of the Beringia distinct population segment (DPS) of the Pacific bearded seal subspecies as “threatened” under the Endangered Species Act (ESA). West Virginia Federal Court Ordered EPA to Evaluate Clean Air Act’s Impacts on Coal Industry.

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Litigating Litigation Attorney Court 40

JonathanTurley

OCTOBER 31, 2021

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. A tort action for intentional infliction of emotional distress is likely to fail. Again, the court agreed.

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Tort Litigating Litigation Construction 49

JonathanTurley

OCTOBER 30, 2022

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.

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Tort Litigating Litigation Construction 47

The IP Law Blog

MARCH 2, 2021

Supreme Court issued numerous landmark decisions in 2020, among those—for trademark scholars and practitioners— Romag Fasteners, Inc. es the threat posed to companies that rely on third-party manufacturers. Summary of the Supreme Court’s Opinions. Fossil, Inc. Practitioners should expect that juries will ? Romag solidi?es

Manufacturing 52

Manufacturing Mens Rea Contract Tort 52

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 complaint states: On information and belief, the brochure was manufactured by Defendants. The filing of a lawsuit upon entry to the United States is not unprecedented, of course.

Tort 58

Tort Immigration Litigating Litigation 58

Conflict of Laws

MARCH 18, 2025

The original complaint asserted four claims under Missouri tort law: (1) public nuisance, (2) abnormally dangerous activity, (3) breach of duty by allowing the transmission of COVID, and (4) breach of duty by hoarding PPE. The District Courts Judgment The Chinese defendants decided not to appear and defend against Missouris claims.

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Tort Court Government Laws 67

SCOTUSBlog

MAY 3, 2021

Share The Supreme Court won’t weigh in on whether a West Point cadet who was sexually assaulted by a fellow classmate can sue the federal government. Lower courts struck down the law, and the state has asked the justices to take the case and reinstate it. The second case, American Axle & Manufacturing Inc. E.M.D.H. ,

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Government Tort Manufacturing Court 104

JonathanTurley

NOVEMBER 21, 2021

Below is my column in the Wall Street Journal on the ongoing opioid litigation and an important ruling out of the Oklahoma Supreme Court. ” The Oklahoma Supreme Court last week struck down a $465 million opioid award against Johnson & Johnson based on a legal theory that has previously been tried and failed against guns.

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Tort Litigation Litigating Manufacturing 43

Patently O

JANUARY 16, 2024

by Dennis Crouch A California Court of Appeals issued a product liability decision in early 2024 that raises interesting questions about the role of both carrots and sticks in innovation policy. In its decision, the Court of Appeal held that a manufacturer’s duty of reasonable care under Cal. Superior Court 1 Cal.4th

Tort 53

Tort Manufacturing Court Laws 53

Conflict of Laws

MAY 7, 2023

A groundbreaking judgment was rendered last October by the Greek Supreme Court. Relatives of two Greek crew members killed in Los Llanos Air Base, Spain, initiated proceedings before Athens courts for pain and suffering damages (solatium). 1658/5.10.2022 of the Supreme Court.

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Court Tort Manufacturing Legal 52

JonathanTurley

DECEMBER 19, 2021

An example is the recent New York public nuisance law seeking to make gun manufacturers liable for gun crime. I’ve discussed the New York public nuisance law aimed at gun manufacturers, a law that doubles down on a failed legal theory using torts as a substitute for direct legislative bans or barriers.

Manufacturing 38

Manufacturing Laws Litigating Litigation 38

Conflict of Laws

OCTOBER 23, 2023

They commence representative proceedings alleging breaches of consumer law, and negligence in the Federal Court of Australia. The Australian court must first resolve the conflict of laws problems posed – problems as sustained as they have been complex in the history of private international law. Carnival appealed.

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Laws Contract Statute Construction 59

SCOTUSBlog

DECEMBER 4, 2023

The manufacturer of the drug, Purdue Pharma, promoted the drug as less susceptible to abuse, but OxyContin proved instead to be highly addictive. At the Supreme Court on Monday, the justices appeared conflicted over whether to allow a multi-billion-dollar bankruptcy plan for Purdue Pharma to move forward.

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Court Government Litigating Litigation 132

JonathanTurley

OCTOBER 10, 2022

A tragedy in North Carolina could present rather difficult torts questions in a wrongful death case for a grieving family. There is also the potential liability of the GPS system, though it is unclear whether he was using an App like Google Maps or a car manufacturer’s system. In all likelihood, it was a phone-based app.

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Tort Personal Injury Legal Legal 35

SCOTUSBlog

AUGUST 10, 2023

Share The Supreme Court on Thursday put a bankruptcy plan for Purdue Pharma, the manufacturer of the highly addictive opioid painkiller OxyContin, on hold while it reviews a challenge to the legality of the plan, which would shield the Sackler family, the owners of the drug company, from lawsuits. There were no recorded dissents.

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Personal Injury Government Tort Court 98

SCOTUSBlog

OCTOBER 16, 2024

Share The Supreme Court heard oral arguments on Tuesday in the case of a truck driver who was fired from his job after a wellness product marketed as free of THC, the active ingredient in marijuana, caused him to fail a routine drug test. Horn’s economic losses, she argued, are the “damages he sustain[ed]” because of that injury.

Personal Injury 106

Personal Injury Court Personal Injury Lawyer Tort 106

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 59

Tort Litigating Litigation Construction 59

JonathanTurley

OCTOBER 27, 2024

This month, there is a new case on the docket after the Supreme Court granted certiorari in Smith & Wesson Brands v. The First Circuit reversed a trial court that dismissed the case, alleging that the American firearms industry is legally responsible for violence in Mexico. The Court has accepted the review on two questions: 1.

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Tort Manufacturing Court Statute 68

ClimateChange-ClimateLaw

NOVEMBER 7, 2017

Bankruptcy Court Said California City and Counties Could Not Sue Coal Company for Climate Change Impacts. A federal bankruptcy court in Missouri enjoined San Mateo and Marin Counties and the City of Imperial Beach (the plaintiffs) from pursuing their climate change lawsuits against Peabody Energy Corporation (Peabody). FEATURED CASE.

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Court Attorney Technology Assisted Review Legal 40

JonathanTurley

NOVEMBER 27, 2020

In celebration of Thanksgiving, I give you our annual Turkey Torts of civil and criminal cases that add liability to libations on this special day (with past cases at the bottom). Indeed, the torts and crimes recorded this year seem painfully reminiscent of this loathsome year. Some things are happily left out of the courts.

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Tort Statute Criminal Law Court 38

ClimateChange-ClimateLaw

OCTOBER 7, 2019

Fourth Circuit Declined to Stay Remand Order in Baltimore’s Climate Case Against Fossil Fuel Companies; Companies Sought Stay from Supreme Court. Supreme Court. On October 2, the district court granted the companies’ motion to temporarily extend its stay of the remand order until the Supreme Court resolves the application.

Court 40

Court Statute Government Tort 40

ClimateChange-ClimateLaw

FEBRUARY 10, 2020

In a split decision, the Ninth Circuit Court of Appeals ruled that young people and other plaintiffs asserting a claim against the federal government for infringement of a Fifth Amendment due process right to a “ climate system capable of sustaining human life” did not have Article III standing. One reason the petitioners asked the D.C.

Court Reporting 40

Court Reporting Court Government Construction 40

ClimateChange-ClimateLaw

APRIL 9, 2021

The Second Circuit Court of Appeals affirmed the dismissal of New York City’s lawsuit seeking climate change damages from oil companies. The Second Circuit’s decision largely followed the reasoning of the district court’s 2018 decision. and Minnesota Federal Courts Remanded Climate Cases Against Fossil Fuel Industry.

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Court Statute Litigating Litigation 122