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.

Litigating 52

Litigating Litigation Tort Cause of Action 52

ClimateChange-ClimateLaw

FEBRUARY 23, 2022

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.

Court 85

Court Tort Cause of Action Litigating 85

Law 360

MAY 2, 2024

A New York 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.

Tort 52

Tort Court Decisions Litigating Litigation 52

Paralegal Bootcamp

APRIL 15, 2022

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, New York, and Illinois, with annual wages ranging from $52,100 to $60,390. That will dictate the “where.”

Paralegals 246

Paralegals Paralegal Legal Assistant Legal Assistance 246

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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Tort Court Litigation Litigating 112

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.

Contract 85

Contract Laws Statute Litigation 85

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. ” The New York Times issued a correction, but not a retraction. What is interesting is that the New York Times did not allege that Spears is a public figure … yet.

Punitive Damages 41

Punitive Damages Sports Statute Contract 41

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. Murphy involves New Jersey and New York’s Waterfront Commission Compact.

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Government Tort Court Rules Court 83

JonathanTurley

OCTOBER 8, 2021

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.

Tort 32

Tort Laws Court Legal 32

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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Tort Court Laws Litigation 127

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.

Tort 36

Tort Litigating Litigation Construction 36

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 37

The IP Law Blog

MAY 12, 2022

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.

Drafting 98

Drafting Lawyers Lawyer Court 98

JonathanTurley

SEPTEMBER 21, 2021

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.

Tort 50

Tort Immigration Cause of Action Court Rules 50

SCOTUSBlog

MAY 14, 2021

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.

Tort 74

Tort Real Estate Court Laws 74

JonathanTurley

DECEMBER 9, 2024

Young has been doing well in court and last week he won on additional major issues against CNN. The court found that CNNs retraction was insufficient to remove punitive damages from the table. In my torts class, we discuss retraction statutes and the requirements of time and clarity. I specifically discussed the CNN case.

Punitive Damages 57

Punitive Damages Tort Statute Court 57

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

JonathanTurley

OCTOBER 19, 2021

Conversely, New York 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.

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Tort Misdemeanor Legal Legal 43

Conflict of Laws

AUGUST 29, 2024

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.

Laws 59

Laws Contract Tort Divorce 59

Constitutional Law Reporter

MAY 13, 2022

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, New York. Supreme Court’s Decision.

Tort 52

Tort Court Constitutional Law Laws 52

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.”

Statute 63

Statute Government Court Litigating 63

Conflict of Laws

NOVEMBER 3, 2022

But the bonds include a choice-of-law clause designating the law of New York. Does this mean that validity is to be determined under New York law? The debt also includes a choice of law clause providing for the application of foreign law, typically that of New York or England. Variations in Clause Language.

Government 52

Government Drafting Contract Laws 52

LPB Network

SEPTEMBER 1, 2021

Bankruptcy Court for the Southern District of New York 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,

Court 52

Court Tort 52

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.

Manufacturing 45

Manufacturing Laws Litigation Litigating 45

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.

Contract 72

Contract Laws Court Statute 72

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. Barnard [1964] AC 1129.

Punitive Damages 59

Punitive Damages Compensatory Damages Tort Civil Law 59

JonathanTurley

JANUARY 21, 2024

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 New York Times v. As New York Times v. Berkeley County School Dist. Croce sued for $200,000.

Sports 35

Sports Court Tort Government 35

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.

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Tort Court Compensatory Damages Punitive Damages 34

LawSites

JULY 7, 2022

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.

Litigation 98

Litigation Litigating Attorney Law School 98

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.

Tort 66

Tort Court Laws Statute 66

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.

Laws 52

Laws Statute Court Tort 52

JonathanTurley

APRIL 23, 2021

The standard for defamation for public figures and officials in the United States is the product of a decision over 50 years ago in New York Times v. The New York Times had run an advertisement referring to abuses of civil rights marchers and the arrest of Martin Luther King Jr. seven times.

Tort 51

Tort Education Laws Court Rules 51

JonathanTurley

NOVEMBER 9, 2021

The standard for defamation for public figures and officials in the United States is the product of a decision decades ago in New York 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.

Tort 8

Tort Government Court Rules Lawyer 8

JonathanTurley

JUNE 2, 2022

The massive verdict in favor of actor Johnny Depp yesterday constitutes a rare victory of a public figure under the difficult New York 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.

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Punitive Damages Tort Lawyers Lawyer 38

Conflict of Laws

JULY 5, 2021

Remien : The European Succession Regulation and the many questions of the European court practice – five years after entry into force. but especially national court practice shows many interesting cases of the necessary overall assessment. The article pleads for an equilibrated multilateral approach. The long-awaited U.S.

Contract 52

Contract Procedural Law Court Laws 52

JonathanTurley

JULY 14, 2021

Maud Maron is a public interest lawyer who is now at the center of a firestorm in New York. Then she wrote a column for the New York 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.

Lawyers 42

Lawyers Lawyer Legal Legal 42

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