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“Ohio Supreme Court asked to overturn tort reform law that lowered Brook Park child rapist’s judgment from $20 million to $250,000”: Laura Hancock of The Cleveland Plain Dealer has this report. The Supreme Court of Ohio has posted online the video of yesterday’s oral argument at this link.
The US Supreme Court Thursday released the list of oral arguments it will hear during the January 2023 session. The court will hear seven arguments in a session that begins on January 9, 2023. The court will first hear arguments in the cases of In re Grand Jury and Ohio Adjutant General’s Department v.
The US Supreme Court Monday granted certiorari in nine new cases, including two cases on liability shields for online platforms. Google , the court is asked to consider the scope of Section 230 of the Communications Decency Act , which broadly shields online platforms from liability for content posted by the platforms’ users.
Share Purdue Pharma’s bankruptcy deal, which will reach the Supreme Court for oral argument on Monday , is just one of many examples of recent unorthodox civil procedure maneuvers in public harms litigation. But can bankruptcy court solve a public health crisis? The opioid MDL came under scrutiny, including by the U.S.
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.
” The Ohio Supreme Court just ruled that selling a boneless chicken dish does not mean that it is boneless because it is referring to a “cooking style not a guarantee.” ” In my torts class, I teach food contamination and liability cases. We conclude that the court of appeals got it right.
bankruptcy, class action, trademark, securities, and tort litigation, to the tune of $50 to $100 billion in investments annually. [10] That’s because current disclosure of litigation funding relies on a patchwork of state law, court rules, self-reporting, FOIA requests, leaks to journalists, and funding pitches.
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.
Supreme Court returned to the bench this week to begin their February session. In the most high-profile case of the week, the Court addressed the scope of the attorney-client privilege when an attorney provides both legal and non-legal advice. The Ohio Adjutant General’s Department v. In the D.C.
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.
The Ohio Supreme Court had rejected what should be Oberlin College’s final appeal of a verdict in favor of Gibson’s Bakery. Oberlin maintained in court filings that the son and grandson of the owners of Gibson’s Bakery “violently and unreasonably attacked” an unarmed student, but that is not how the police viewed it.
by Dennis Crouch The Supreme Court recently decided Moore v. ” The Court reached this holding by relying on its “longstanding precedents” that allow Congress to attribute the undistributed income of an entity to the entity’s shareholders or partners for tax purposes. . City of Napoleon, Ohio , 602 U.S.
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.
Demo video: [link] Founded: 5/1/2023, Columbus, Ohio Target customer: Solo, small firm, and legal Aid organizations that are engaged in litigation. We securely give fiduciaries access to assets when required with no password-sharing, no court orders, and correct titling. It also allows us to work internationally. We cover all the tech.
Ah, the classic "fourth trimester abortion." [ Huffington Post ] * Speaking of abortion, Ohio's GOP Attorney General put out his "non-partisan" assessment of the upcoming reproductive rights ballot measure and wouldn't you know it, returning to the status quo of the prior half century results in fire and brimstone.
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.
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.
The thirty-seventh annual survey on choice of law in the American courts is now available on SSRN. Choice of Law The Eighth Circuit applied Mexican law to a suit against General Motors over a car crash in Mexico, while an Ohio state court applied South African law to invalidate a marriage. In Yegiazaryan v.
Below is my column in The Hill on what is shaping up to be a major Supreme Court term on the issues of parody and satire under the First Amendment. The Court could reframe the constitutional limits for criminal and civil liability in two cases currently on the docket, including one recently granted review. VIP Products LLC.
Congress passed the law after the Supreme Court held that states could not apply workers’ compensation statutes to federal facilities. Without this extension of coverage, the workers might be left without such protection and be forced to rely on a long, expensive civil tort case to obtain a remedy for workplace injury or disease.
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.
Foreman, a rapper also known as “Afroman,” is the subject of a filing in Ohio (below) by seven police officers alleging that he has misused their images to sell merchandise and place them in a false light. Courts have largely rejected those claims. I also have concerns over the false light claim.
Share The Petitions of the Week column highlights some of the cert petitions recently filed in the Supreme Court. Nearly 25 years ago, the Supreme Court upheld a federal restriction on the amount of money political parties can spend at the direction of candidates for office. A quarter-century later, in 2001, the court in FEC v.
This is the flip side to lethal-force cases such as last month’s shooting of Ma’Khia Bryant , 16, in Columbus, Ohio, in which Officer Nicholas Reardon used lethal force to stop the stabbing of another girl. In 1855, the Supreme Court ruled in South v. For police officers, the city’s defense may seem as familiar as it is frustrating.
Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The Supreme Court is still slowly making inroads on the still-sizable number of lingering relists from the end-of-summer “long conference.” The court finally denied review on Nov. 20 in six-time relist E.I.
The most obvious form of civil liability would be some type of tort action. With 382 saleswomen and models, the court found that the group was too large. However, with the 25 salesmen, the court found that an action could be maintained. The Court in cases like New York Times v. This would fail for the same reason.
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. The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. 157, 168 (1979).
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. A short explanation of relists is available here. California.
Share This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether the Penobscot Nation has regulatory authority over the Penobscot River or only over certain islands in the river, and how broadly to construe the combatant-services exception to the Federal Tort Claims Act. United States.
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.
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.
Share The Relist Watch column examines cert petitions that the Supreme Court has relisted for its upcoming conference. The Supreme Courts upcoming conference the second January conference — is ordinarily the justices last opportunity to add new cases to the docket in time for them to review and decide the disputes by the summer recess.
The Supreme Court would ultimately affirm Trump’s underlying authority, but Yates refused to allow the Justice Department to assist a sitting president in defending that authority. Sullivan, the Supreme Court crafted the actual malice standard that required public officials to shoulder the higher burden of proving defamation.
In my view, the lawsuit contravenes free speech as well as controlling case law from the Supreme Court. The second “Count Five” is actually just a demand for punitive damages, rather than an actual separate tort. The Supreme Court still overturned the conviction. The 40-page lawsuit was written by D.C.
Share The Relist Watch column examines cert petitions that the Supreme Court has relisted for its upcoming conference. Its been a big few days for the Supreme Court working through its backlog of relisted cases. Hawaii , the court denied review of a Second Amendment challenge to Hawaiis handgun-licensing scheme. In Wilson v.
Criminologically speaking, how does a schism exist between his 2024 supporters who believe in Trump’s persecution by the state and those who oppose the habitually corrupt former president’s third run for POTUS as Trump continues to provoke violence in violation of court orders not to?
Share The Supreme Court said Monday it will not take up a dispute over whether transgender students must be allowed to use restrooms that match their gender identities. Court of Appeals for the 4th Circuit had relied in ordering the school board to allow Grimm to use the boys’ restroom. citizen to receive a benefit under state law.
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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