The Volokh Conspiracy

JUNE 13, 2025

Yesterday, the Supreme Court unanimously ruled in favor of an innocent Atlanta family, represented by IJ, whose home was mistakenly raided by an FBI SWAT team. So when people exposed to Agent Orange sued Dow in state court, Dow was able to have the case removed to federal court under the federal-officer removal statute.

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SCOTUSBlog

JANUARY 23, 2025

Share The Relist Watch column examines cert petitions that the Supreme Court has relisted for its upcoming conference. So at the last conference, the Supreme Court acted on a ton of relists. White , the court summarily vacated a decision by the U.S. That brings us to this weeks one new relist: Alabama v. California.

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The Volokh Conspiracy

JUNE 10, 2025

Supreme Court. 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." So, what's headed our way?

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The Volokh Conspiracy

JUNE 10, 2025

Please let me know if you have anything to suggest (though please recall that the brief is aimed at fitting the case within the existing Supreme Court precedents, and not arguing to the Court how existing precedents should be overruled or modified). Interest of the Amicus Curiae Eugene Volokh is the Thomas M. Summary of Argument [1.]

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SCOTUSBlog

FEBRUARY 21, 2024

The argument revealed a bench deeply skeptical of the uncertainty maritime insurance contracts would face under a lower-court decision limiting the enforcement of choice-of-law clauses in those contracts. The contract, like most American marine insurance contracts, called for the application of New York law. Zapata Off-Shore Co.

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ClimateChange-ClimateLaw

MAY 23, 2018

Climate change nuisance litigation is entering a new and dynamic phase. Alsup in the federal district court in San Francisco will hear oral argument on motions to dismiss filed in City of Oakland v. Keenan of the Southern District of New York will hear oral argument on the motions to dismiss filed in City of New York v.

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JonathanTurley

JULY 12, 2021

Below is my column in the Hill newspaper on the declaration of a gun violence emergency by New York Gov. The centerpiece of Cuomo’s plan is a new law to allow victims of gun violence to sue gun manufacturers under a nuisance theory. It has failed repeatedly in various states, including New York. Andrew Cuomo.

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JonathanTurley

SEPTEMBER 9, 2021

Despite this history, a new decision out of the High Court is still shocking in its implications for further attacks on free speech. The court ruled that newspapers and television stations that post articles on social media sites like Facebook are liable for other third party comments on those posts. 47 U.S.C. § 230(e)(3).

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ClimateChange-ClimateLaw

MARCH 14, 2024

In the first months of 2024, legislators in four states— Maryland , Massachusetts , New York , and Vermont —have pushed for legislation that would collectively require large fossil fuel producers and refiners to pay for hundreds of billions of dollars of state-level climate adaptation infrastructure. Constitution.”

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LawSites

NOVEMBER 15, 2023

. ‘Transformational Change’ All of these developments were previewed yesterday to members of the media during a briefing by TR executives in the company’s Times Square office in New York. ” Requests for analytics, such as “Which law firm has the most torts cases in 2023 so far?”

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Conflict of Laws

AUGUST 24, 2023

Claude Cassirer brought suit in federal court in California eighteen years ago against the Thyssen Bornemisza Museum of Madrid, Spain, to recover a painting by Camille Pissarro that was stolen from his grandmother by the Nazis during World War II. It is cross-posted at Transnational Litigation Blog. After a reversal and remand from the U.S.

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JonathanTurley

OCTOBER 15, 2022

If untrue, this businessman could face a major defamation action, but Frisch has not indicated whether he will contest the allegation in court. Here is the criminal extortion statute: 18-3-207. Yet, CRS 16-5-401 would seem to set a three-year statute of limitations for extortion cases. In New York Times v.

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Conflict of Laws

MARCH 23, 2024

As the conference would highlight on the second day, some legal systems, including Italy, France, and South Korea, which originally refused to recognise foreign decisions on grounds similar to those of the German Federal Court of Justice (BGH), have abandoned their strict refusal and adopted a more nuanced approach.

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JonathanTurley

DECEMBER 6, 2023

There are 33 states with retraction statutes. The use of the headdress could be treated by a court as opinion since many denounce such images as cultural appropriation. Notably, that article was not on an opinion page, but the court found that the expression of the journalists opinion was obvious from the tenor of the column.

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Patently O

MARCH 12, 2021

My father’s law office was in rural New York, and his core practice involved representing farmers, villages, and small businesses on land transactions, estate planning, and probate matters. The limitations in patent claims aren’t like the boundaries defined in a deed; instead, they are like the elements of a tort.

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InHouseOps

JULY 16, 2021

In January, a group of New York state legislators introduced a biometrics regulation bill that contains a private right of action similar to the already enacted Illinois Biometric Information Privacy Act (BIPA). First, a California District Court approved Facebook’s $650,000,000 biometrics settlement.

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Laws Personal Injury Litigation Litigating 52

JonathanTurley

AUGUST 29, 2024

Over the years, I have written repeatedly ( here , here , here , here , and here ) about the interesting defamation case brought by Sarah Palin, the former Alaska governor and 2008 Republican vice presidential nominee, agains the New York Times. He has now been reversed again and Palin will have a new opportunity to sue the newspaper.

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SCOTUSBlog

JANUARY 8, 2021

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. Waterfront Commission of New York Harbor v. Broadly speaking, sovereign immunity protects states from suit.

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SCOTUSBlog

OCTOBER 5, 2023

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The Supreme Court has returned from its summer break and gotten down to business. The court agreed to review a dozen petitions from that conference. Several of them are sequels to earlier high court decisions.

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SCOTUSBlog

NOVEMBER 1, 2023

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The Supreme Court did not grant review in any new cases since our last installment. The court did, however, deny review in one case that had been relisted three times – King v. Cargill , Guedes v.

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SCOTUSBlog

JANUARY 16, 2022

Court of Restitution, which, in 1954, declared her the rightful owner of the painting. It eventually travelled to New York and then to Saint Louis, Missouri, where it remained until 1976. In 2005, after his petition was denied, Claude sued in federal district court in California, where he had lived since 1980.

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JonathanTurley

DECEMBER 7, 2023

The New York Times lost a critical effort to block the defamation lawsuit brought by University of Alabama basketball player Kai Spears. We have previously discussed retraction statutes that can limit damages or actions. ” The New York Times issued a correction, but not a retraction. In New York Times v.

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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. See Pennsylvania General Assembly Statute §7102.

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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 Litigation Litigating Construction 51

The Crime Report

AUGUST 31, 2021

In 2016, the last time Elden recreated the pose as an adult, Elden even t old the New York Post that h e wanted to take the shot naked. Pop star Britney Spears , for example, recently compared her treatment under a court-ordered conservatorship to sex trafficking. The remedy should be clear. not unwitting third parties.

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Conflict of Laws

DECEMBER 6, 2023

Ms Karpik commenced representative proceedings—a class action—in the Federal Court of Australia. These ‘US Terms and Conditions’ included a class action waiver clause, a choice of law clause selecting US maritime law, and an exclusive jurisdiction clause selecting US courts. The ship is registered in Bermuda.

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JonathanTurley

DECEMBER 19, 2021

Below is my column in the Hill on New York’s latest gun control measure — and the latest challenge to a New York law. What is most striking in reviewing the line of gun cases coming out of New York is that the Empire State has done more for gun rights than any “pro-gun” state.

Manufacturing 40

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JonathanTurley

FEBRUARY 20, 2021

United States District Judge Laura Taylor Swain issued a ruling in New York to apply Virginia’s choice of law standard that in turn applied California’s defamation laws. He is facing criminal charges in New York. In my torts class, I teach defamation and often discuss the California retraction law.

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JonathanTurley

SEPTEMBER 22, 2024

” The legislators lifted the definition from New York Times v. Sullivan on defamation to define the element as the statute requires “malice.” 1952), the court considered a “Ladies Home Journal” article that was highly critical of couples who claimed to be cases of “love at first sight.” For example, in Gill v.

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JonathanTurley

OCTOBER 31, 2022

There was an interesting torts question raised last week over an abortion rights video ad shared by former Secretary of State Hillary Clinton, Democratic Gov. Macy Petty is a pro-life activist who was falsely portrayed as crying outside of the Supreme Court after its overturning of Roe v. In New York Times v. 2d 630 (Cal.

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The Fashion Law

OCTOBER 19, 2021

According to the complaint that he filed in a Michigan state court in September 2020, Mr. Moran alleged that in or around 2012, New York-based Edie Parker LLC and its founder Brett Heyman (the “defendants”) “began selling high end handbags and accessories patterned after vintage styles favored by Ms. Parker’s estate.

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JonathanTurley

SEPTEMBER 15, 2024

In New York Times v. Sullivan , Justice William Brennan wrote for a unanimous court in declaring that the First Amendment required a higher standard of proof for defamation than simple negligence for public officials. Two justices have indicated that they might be open to the idea of revisiting New York Times v.

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JonathanTurley

JANUARY 26, 2024

While his public figure standing under New York Times v. Note that this provision specifically refers to the third provision specifically cited by Sullivan. They are now suggesting that exceptions to a general rule against paying personal costs of clients are applicable to these payments. I disagree.

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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.

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Personal Injury Tort Court Rules Statute 58

JonathanTurley

FEBRUARY 18, 2022

It is considered a sacrilege to even raise the possibility of reexamining the legacy of New York Times v. Here is the column: For those of us who teach torts, we are living in the golden age of defamation. Rakoff might, however, have just created the ideal case for the Supreme Court to change that standard on appeal.

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SCOTUSBlog

APRIL 21, 2021

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The Supreme Court has 138 cases scheduled for review at this Friday’s conference. The court will likely be paying special attention to three of them, which are this week’s new relists.

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JonathanTurley

JANUARY 19, 2022

chief judge of the United States Court of Appeals for the Eleventh Circuit. Pryor was on the short list for the Supreme Court under President Donald Trump. It could be claimed that she became a limited public figure subject to the higher standard of proof in New York Times v. However, she later made a comment to media.

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