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In dispute over groundwater, court tells Mississippi it’s equitable apportionment or nothing

SCOTUSBlog

Share Less than two months after oral argument, in its first interstate groundwater case, the Supreme Court unanimously decided that Mississippi must rely on a doctrine known as equitable apportionment if it wants to sue Tennessee over the shared Middle Claiborne Aquifer. As expected, the court’s opinion in Mississippi v.

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“Disagree Better”: Court Rejects Torts Claims of Taunting Fan Against Russell Westbrook

JonathanTurley

In teaching torts, I begin my discussion of the intentional infliction of emotional distress by having students write in their notes “not everything is the infliction of emotional distress.” Keisel brought an array of tort claims that have now been correctly rejected by the courts. Here as elsewhere, context is key.

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Petitions of the week: Four petitions that test the limits on lawsuits against the government

SCOTUSBlog

This week we highlight cert petitions that ask the Supreme Court to consider cases and statutes about suing various government entities, ranging from two counties to a state governor to the United States itself. The district court ruled that Ex parte Young applied because Congress’ approval of the compact made it binding federal law.

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The $24 Billion Judgment Against China in Missouri’s COVID Suit

Conflict of Laws

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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Justices turn down cadet’s attempt to sue government over sexual assault

SCOTUSBlog

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 court will issue orders from that conference on Monday, May 17, at 9:30 a.m.

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No civil liability for sharing truthful information about matter of public concern.

Day on Torts

In the context of countering plaintiffs’ assertion that the death was a homicide, defendant shared autopsy photographs of the son as well as some of his text messages, both of which were public records released by the Mississippi Attorney General’s Office. On appeal, this ruling was affirmed. Summary judgment was therefore affirmed.

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Mopping up final business with 14 new relists

SCOTUSBlog

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. Because the court was running a little behind this year and just released its last opinions on Thursday, the court also held the mop-up conference on Thursday, and the order list will be released Friday morning at 9:30 a.m.