Day on Torts

JUNE 2, 2021

Where plaintiff alleging defamation was a public figure but had pleaded in the complaint that defendants were “negligent and/or reckless in ascertaining the truth” of the statements, the trial court incorrectly granted judgment on the pleadings on the defamation and false light invasion of privacy claims. internal citation omitted).

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JonathanTurley

OCTOBER 23, 2021

The fatal shooting at Bonanza Creek Ranch already has the makings of a blockbuster tort action. ” The question is not whether but when the first torts lawsuit will be filed. .” What is clear is that there is an abundance of evidence to support a tort action even at this early stage. Walgreen Hastings Co.,

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Constitutional Law Reporter

SEPTEMBER 15, 2021

By a vote of 5-4, the justices held that only a plaintiff concretely harmed by a defendant’s violation of the Fair Credit Reporting Act (FCRA) has Article III standing to seek damages against that private defendant in federal court. The FCRA also creates a cause of action for consumers to sue and recover damages for certain violations.

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JonathanTurley

AUGUST 31, 2023

She then ordered a default and the payment of the plaintiffs’ attorneys fees totaling tens of thousands of dollars as well as punitive damages. The court ordered trial proceedings solely on the amount of damages. That clearly did not convince Judge Howell.

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JonathanTurley

JUNE 2, 2022

Even with the reduction of the $5 million in punitive damages to $350,000 under the statutory state cap for punitive damages, Depp was technically awarded $10,350,000. Attorneys are protected by absolute privilege in court in making harmful and even false statements. See Kennedy v. Cannon , 229 Md. Cannon , 229 Md.

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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. punitive damages.

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JonathanTurley

JULY 7, 2021

The National Instant Criminal Background Check System (NICS) showed Kelley as eligible to buy such firearms despite his 2012 conviction by a general court martial of domestic assault on his wife and child. The court ruled that. million to the family of Sam Graham, including $5 million in punitive damages, in a wrongful-death lawsuit.

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JonathanTurley

DECEMBER 7, 2023

We have previously discussed retraction statutes that can limit damages or actions. Here is Alabama’s Section 6-5- 186 “Prerequisites to recovery of vindictive or punitive damages in action for libel. ” The New York Times issued a correction, but not a retraction.

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JonathanTurley

MARCH 31, 2021

In my view, the lawsuit contravenes free speech as well as controlling case law from the Supreme Court. The officers seek $75,000 in damages in their complaint but also ask for unspecified punitive damages. The Supreme Court still overturned the conviction. The 40-page lawsuit was written by D.C.

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JonathanTurley

AUGUST 28, 2021

A very disturbing case of alleged police brutality just got far worse after defense counsel for Jim Jones, 62, alleged in open court that a prosecutor with the District Attorney for Lawrence County, Tennessee told a deputy sheriff to delete pictures of the beaten Jones. The complaint seeks punitive damages.

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JonathanTurley

DECEMBER 6, 2023

If a full and effective retraction is issued (and published as prominently as the offending statement), it can limit damages or bar punitive damages entirely in some states. The use of the headdress could be treated by a court as opinion since many denounce such images as cultural appropriation. In New York Times v.

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JonathanTurley

JANUARY 18, 2023

.” Notably, the damages are largely compensatory rather than punitive, meaning that he has suffered millions in losses despite his anonymous status. ” There is no support offered for that accusation of a history for threatening violence, but court filings are treated as privileged for the purposes of defamation.

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JonathanTurley

AUGUST 31, 2022

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.

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JonathanTurley

JULY 12, 2023

” She is also seeking punitive damages. That will soon be the issue before the court as the student journalists seek a dismissal as an abusive effort to harass their newspaper. ” The story features a sign with the J featured on her door. Here is the complaint: Kay v. The Irish Rover

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JonathanTurley

FEBRUARY 3, 2022

It seeks an order from the court to “permanently enjoin” the defendants from violating said laws again despite the fact that they are now private citizens. It also seeks nominal, compensatory, consequential, and punitive damages; and attorneys’ fees and costs. Rather, he wants a court to allow him to sue Trump Jr.

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JonathanTurley

JANUARY 4, 2022

However, such settlements often extend beyond the state of execution and this agreement expressly refers to any actions that Guiffre could bring in “state or federal” courts. While the U.S. Yet, it is not clear that Prince Andrew could not have been a defendant in that action.

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ClimateChange-ClimateLaw

NOVEMBER 16, 2020

Oregon Supreme Court Said Public Trust Doctrine Did Not Impose Obligation to Protect Resources from Climate Change. With respect to the scope of the doctrine, the Supreme Court said the public trust doctrine extends both to the State navigable waters and to the State’s submerged and submersible lands. (A FEATURED CASE. Chernaik v.

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ClimateChange-ClimateLaw

NOVEMBER 7, 2017

Bankruptcy Court Said California City and Counties Could Not Sue Coal Company for Climate Change Impacts. A federal bankruptcy court in Missouri enjoined San Mateo and Marin Counties and the City of Imperial Beach (the plaintiffs) from pursuing their climate change lawsuits against Peabody Energy Corporation (Peabody). FEATURED CASE.

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