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Courts Tie for No. 1 Judicial Hellhole; Cook County, Illinois; California; NewYork City and South Carolina asbestos litigation ranked second through fifth”: Everett Catts of The Daily Report of Fulton County, Georgia has this article. Courts Tie for No. “‘Nuclear Verdicts’ Again Cited as Ga.,
The US Court of Appeals for the Second Circuit affirmed the Southern District of NewYork’s ruling on Thursday dismissing NewYork City’s suit against Chevron. The suit stems from environmental protection changes that the city has been making since Hurricane Sandy. .”
Share The Supreme Court will hear oral arguments on Monday in one of the highest-profile bankruptcies in recent memory: Harrington v. Court of Appeals for the 2nd Circuit of a multi-billion-dollar bankruptcy plan for Purdue Pharma, the maker of the opioid OxyContin. First, the court of appeals explained, 11 U.S.C. § And in Sept.
Share The Relist Watch column examines cert petitions that the Supreme Court has relisted for its upcoming conference. The Supreme Court is hitting its stride in sorting through the relists. The court also agreed to take up a twice-relisted challenge to Colorados ban on conversion therapy.
Share The Supreme Court on Thursday ruled that a multi-billion-dollar bankruptcy plan for Purdue Pharma, the maker of the opioid OxyContin, cannot move forward. But such questions, Gorsuch concluded, are best left to Congress, rather than the courts. Court of Appeals for the 2nd Circuit reinstated it.
The prosecution moved to dismiss “in the interest of justice” and a NewYork trial court dismissed the matter. Kavanaugh’s opinion for the court. Kavanaugh began by affirming that precedent from the court and lower courts recognized claims for unreasonable seizure pursuant to legal process under the Fourth Amendment.
Federal law gives the Environmental Protection Agency, not federal courts, the authority to regulate greenhouse emissions in the United States, a federal appeals court ruled…
The NewYork Times lost a critical effort to block the defamation lawsuit brought by University of Alabama basketball player Kai Spears. ” The NewYork Times issued a correction, but not a retraction. What is interesting is that the NewYork Times did not allege that Spears is a public figure … yet.
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 NewYork will hear oral argument on the motions to dismiss filed in City of NewYork v.
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 NewYork Harbor v. Murphy involves New Jersey and NewYork’s Waterfront Commission Compact.
Starting in 2017, cities, counties, and states across the United States have filed claims (see here and here ) in state courts against fossil fuel companies seeking redress for the climate harms their products have caused. Many of these cases asserted nuisance and other tort law claims. The Hawai‘i Circuit Court’s decision.
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.
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 NewYork law. Zapata Off-Shore Co.
A NewYork federal court's decision to exclude all plaintiff experts in a multidistrict litigation concerning prenatal exposure to Tylenol highlights a number of expert testimony pitfalls that parties should avoid in product liability and mass tort matters, say Rand Brothers and Courtney Block at Winston & Strawn.
A couple of bizarre recent cases raise a question that we occasionally discuss in my torts class: the liability for suicidal acts, particularly jumping from buildings. This week, a 31-year-old man jumped from a high-rise in Jersey City, New Jersey and landed on a BMW. RESTATEMENT (SECOND) TORTS § 283A (AM. American Family Ins.
Or do you prefer close-to-home, no-traffic drama and being out of the midst of the major law firms and courts? States with the highest employment levels were Florida, California, Texas, NewYork, and Illinois, with annual wages ranging from $52,100 to $60,390. That will dictate the “where.”
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.
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.
Share The Supreme Court on Wednesday will consider the continued vitality and expansion of lawsuits for damages against federal officers under Bivens v. Boule told Egbert of a guest who had flown from Turkey to NewYork the previous day and was flying to Washington and driving to the inn. Six Unknown Named Agents.
Share The Petitions of the Week column highlights some of the cert petitions recently filed in the Supreme Court. People held in state prison can turn to federal court to challenge the validity of their conviction or sentence. Shockley then went to federal court, asking a federal district judge in Missouri to order a new trial.
United States tests whether the First Amendment requires transparency of the Foreign Intelligence Surveillance Court. FISC proceedings are not open to the public, however, and the court rarely publishes its decisions. In October 2016, the ACLU filed a motion seeking access to the court’s opinions and orders from Sept.
Conversely, NewYork charged a woman for calling police in a racially charged incident in Central Park. We also discussed a torts case involving a delay in calling police, but that case involved people who were deemed partially responsible for a death. In torts, there is no duty to rescue rule. Bigan , 397 Pa.
Court of Restitution, which, in 1954, declared her the rightful owner of the painting. It eventually travelled to NewYork 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.
For torts scholars, it has been a bonanza of interesting issues touching on every element of defamation law. There is now an important ruling out of the United States Court of Appeals for the Eighth Circuit that could have enormous implications not just for the media but anyone who retweets stories or claims.
Readers of this blog may find particular interested in selected articles, case notes, books review and English translations of court decisions related to private international law. 117(1) of the Child Abduction Convention Implementation Act to a Return Agreement in an In-Court Conciliation (p. 67, 2024) has recently been released.
West’s lawyer claims that the producers have committed the tort of false light invasion of privacy by creating a false impression about Mr. West that is highly offensive and injurious to his reputation and have also defamed Mr. West by attributing acts of rage to him that he never committed. In Fairstein v.
Below is my column in the Hill newspaper on the declaration of a gun violence emergency by NewYork 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 NewYork. Andrew Cuomo.
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.”
Supreme Court held that the authority of a court to imply a cause of action under Bivens v. While the Court did not overrule Bivens , it did emphasize that recognizing a Bivens cause of action is “a disfavored judicial activity.”. The District Court declined to extend Bivens as re- quested, but the Court of Appeals reversed.
The primary rule for jurisdiction in personam in Indonesia is to sue the defendant in their home court. Similarly, the doctrine of lis alibi pendens is part of Indonesian civil procedure, though rarely used in cases pending in foreign courts between the same parties and subject matter. Pereira (Supreme Court decision 376 K/Pdt.
Supreme Court held that to demonstrate a favorable termination of a criminal prosecution for purposes of the Fourth Amendment claim under 42 U.S.C. In January 2014, petitioner Larry Thompson was living with his fiancée (now wife) and their newborn baby in an apartment in Brooklyn, NewYork. Supreme Court’s Decision.
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.
But the bonds include a choice-of-law clause designating the law of NewYork. Does this mean that validity is to be determined under NewYork law? The debt also includes a choice of law clause providing for the application of foreign law, typically that of NewYork or England. Variations in Clause Language.
Bankruptcy Court for the Southern District of NewYork approved a plan that gives individual members of the Sackler Family immunity from civil lawsuits relating to the opioid epidemic. Today Judge Robert Drain of the U.S. Here’s coverage from NPR,
In my torts class, we discuss the often uncertain line between ordinary citizens and public figures. This week, the South Carolina Supreme Court handed down a major ruling in Cruce v. In NewYork Times v. As NewYork Times v. Berkeley County School Dist. Croce sued for $200,000.
In the first months of 2024, legislators in four states— Maryland , Massachusetts , NewYork , 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.”
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.
There are a number of litigation analytics products on the market, and what they all have in common is that they extract data from court dockets and apply analytics to provide insights into how judges rule in particular times of matters. As it launches to the market, Pre/Dicta provides predictions only for motions to dismiss in federal court.
The standard for defamation for public figures and officials in the United States is the product of a decision decades ago in NewYork Times v. The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press.
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. Barnard [1964] AC 1129.
The massive verdict in favor of actor Johnny Depp yesterday constitutes a rare victory of a public figure under the difficult NewYork Times v. Attorneys are protected by absolute privilege in court in making harmful and even false statements. This was a statement made outside of court and subject to defamation challenges.
The standard for defamation for public figures and officials in the United States is the product of a decision over 50 years ago in NewYork Times v. The NewYork Times had run an advertisement referring to abuses of civil rights marchers and the arrest of Martin Luther King Jr. seven times.
Maud Maron is a public interest lawyer who is now at the center of a firestorm in NewYork. Then she wrote a column for the NewYork Post criticizing anti-bias training and how difficult such efforts were making it for many to stay in the public schools: “We all want a well-integrated, high-quality public-school system.
According to the complaint that he filed in a Michigan state court in September 2020, Mr. Moran alleged that in or around 2012, NewYork-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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