JURIST

NOVEMBER 23, 2023

The US Court of Appeals for the Fifth Circuit on Tuesday became the first US appeals court to propose a new rule requiring lawyers to certify that they either did not use generative artificial intelligence (AI) programs, like Chat GPT, to draft filings or that humans reviewed AI-generated material.

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Court Law Firms Law Firm Tort 223

JURIST

JUNE 9, 2022

The US Supreme Court Wednesday made it harder to individually sue federal agents who violate constitutional rights. In a 6-3 decision the court limited the use of the 1971 case Bivens v. The court denied that the Constitution allows any inherent right to sue the agent. Six Unknown Named Agents to establish grounds for a lawsuit.

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Court Tort Legal Legal 221

HowAppealing

MARCH 19, 2024

“Justices Lean Toward Insurer in Asbestos Bankruptcy Dispute; Court is considering when insurers have standing in bankruptcy; Insurer questions raised in context of mass torts”: Evan Ochsner of Bloomberg Law has this report.

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Tort Court Laws 100

Day on Torts

MARCH 7, 2024

The following graphs demonstrate the resolution of personal injury, wrongful death, and other tort cases in Shelby County, Tennessee during the last six fiscal years ending June 30, 2023. Click on BirdDog’s County Pages , go to the county of choice, and click on Court Statistics. Continue reading

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Tort Personal Injury Court Laws 105

JURIST

JUNE 21, 2021

The US Court of Appeals for the District of Columbia Circuit on Friday upheld the dismissal of Alexander Khochinsky’s suit against Poland for seeking his extradition over his possession of a painting allegedly taken from Poland by Nazi troops.

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Court Tort Court Rules Legal 218

JURIST

NOVEMBER 10, 2022

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.

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Court Tort Immigration Attorney 189

JURIST

SEPTEMBER 29, 2021

The US Court of Appeals for the Eleventh Circuit rejected a lawsuit against Google, Facebook and Twitter on Monday, concerning the 2016 Pulse Nightclub shooting in Orlando. The court rejected the anti-terrorism claims, as the statute in question requires that terrorism be international. The plaintiffs made two arguments.

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Statute Court Tort Legal 207

JURIST

FEBRUARY 17, 2022

The UK Supreme Court Wednesday held that a person under criminal investigation has a “reasonable expectation of privacy” with regard to information about that investigation prior to being charged. Claiming a tort of misuse of private information, ZXC sought damages and injunctive relief against Bloomberg.

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Court Rules Court Tort Legal 228

HowAppealing

DECEMBER 21, 2022

Chamber backs 3M, argues bankruptcy is fix for mass tort ills.” Court of Appeals for the Seventh Circuit. Chamber backs 3M, argues bankruptcy is fix for mass tort ills.” ” Alison Frankel’s “On the Case’ from Reuters has this post about an amicus brief filed Monday in the U.S.

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Tort Court 100

HowAppealing

OCTOBER 18, 2023

“Merck shingles vaccine appeal will test controversial mass torts case management tool”: Alison Frankel’s “On the Case” from Reuters has this post about an appeal that I will be arguing on behalf of the plaintiffs-appellants before a three-judge panel of the U.S.

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Case Management Tort Court 100

HowAppealing

DECEMBER 6, 2023

Courts Tie for No. You can access the American Tort Reform Foundation’s 2023/2024 Judicial Hellholes Report at this link. You can access the American Tort Reform Foundation’s 2023/2024 Judicial Hellholes Report at this link. Courts Tie for No. “‘Nuclear Verdicts’ Again Cited as Ga.,

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Litigation Litigating Tort Court 189

JURIST

OCTOBER 16, 2023

The US Supreme Court declined to hear an appeal from North Carolina on Monday over the constitutionality of a state law allowing employers to sue employees working as undercover investigators. In February, the United States Court of Appeals for the Fourth Circuit ruled the statute was an unconstitutional limitation of First Amendment rights.

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Compensatory Damages Statute Court Tort 230

JURIST

JUNE 1, 2023

The US Supreme Court held Thursday that a local union must litigate a property damage dispute in state court, as opposed to appearing before the National Labor Relations Board (NLRB). The court held that the NLRA’s protection of the right to strike is not absolute. In Glacier Northwest v.

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Laws Court Tort Litigation 211

HowAppealing

DECEMBER 5, 2023

“In its new ‘Hellholes’ report, tort reform group says forum shopping is real”: Alison Frankel’s “On the Case” from Reuters has this post , which mentions a decision the Pa. Supreme Court issued on the day before Thanksgiving in a case in which I serve as appellate counsel for plaintiffs.

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Tort Court 100

JURIST

JANUARY 31, 2023

The US Court of Appeals for the Third Circuit Monday ruled against Johnson and Johnson’s (J&J) attempt to resolve its multi-billion dollar litigation over claims that its talcum-based powders were carcinogenic. The decision reversed an early Bankruptcy Court order in favor of J&J.

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Tort Litigation Litigating Legal 197

HowAppealing

MARCH 31, 2022

“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.

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Tort Court Laws Attorney 100

HowAppealing

AUGUST 27, 2023

“Purdue Pharma’s Bankruptcy Heads to the Supreme Court; A 40-year-old strategy for dealing with mass torts may end up needing a new look from Congress”: Law professor David Skeel will have this op-ed in Monday’s edition of The Wall Street Journal.

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Tort Court Laws 100

HowAppealing

SEPTEMBER 29, 2021

Justices For Tort Law Shake-Up”: Matt Fair of Law360 has this report (subscription required for access) on the brief for appellant that I filed on my client’s behalf yesterday in the Supreme Court of Pennsylvania. Court of Appeals for the Third Circuit , can be accessed here and here.

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Tort Laws Court 100

HowAppealing

JULY 24, 2024

“J&J Allies With Mass-Tort Specialists to Seal $8 Billion Talc Settlement; Votes from the weakest talc claims against Johnson & Johnson could help the company end mass cancer lawsuits in bankruptcy court”: Andrew Scurria, Erin Mulvaney, and Alexander Gladstone of The Wall Street Journal have this report.

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Tort Court 100

JURIST

FEBRUARY 4, 2022

The European Court of Human Rights (ECHR) held Thursday that the Civil Chamber of Poland’s Supreme Court composition lacks impartiality and independence, violating a company’s right to a proper hearing. The court further determined that the decision had been given in breach of domestic law. In Advance Pharma Sp.

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Court Tort Laws 203

SCOTUSBlog

JANUARY 11, 2022

Among other things, Florida’s heavy reliance on the unadorned reference to “medical expenses” implies that the state can take a tort settlement directed at medical expenses, not only if they are future medical expenses that the state has not yet paid (and might never pay), but even if they are medical expenses not covered by Medicaid.

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Tort Statute Legal Legal 115

SCOTUSBlog

JUNE 6, 2022

Share The Supreme Court on Monday resolved a narrow question of statutory interpretation under the Medicaid Act and expanded the ability of states to recoup health care costs from accident victims. The post Justices validate states’ right to take tort recoveries from Medicaid beneficiaries appeared first on SCOTUSblog.

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Tort Statute Court 114

SCOTUSBlog

JUNE 2, 2023

Glacier sued the union in state court for “tortious destruction” of its property – the spoiled concrete. The Washington Supreme Court dismissed the case, finding that it wasn’t appropriate to apply state tort law to a labor dispute even arguably covered by NLRA under Garmon.

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Court Rules Tort Court Laws 136

HowAppealing

AUGUST 16, 2022

Appeals Court Says Commerce in Arms Act Does Not Bar State Tort Claims; Five of nine Superior Court judges supported the Aug. Appeals Court Says Commerce in Arms Act Does Not Bar State Tort Claims; Five of nine Superior Court judges supported the Aug. “Divided Pa. The post “Divided Pa.

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Tort Court Legal Legal 100

JURIST

JANUARY 4, 2023

A Constitution Bench of the India Supreme Court Tuesday ruled that fundamental rights under Articles 19 and 21 of the India Constitution are enforceable against even private individuals and entities. Article 19 pertains to freedom of speech rights while Article 21 has to do with life and liberty under the process of law.

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Tort Court Laws Government 156

ABA Journal

JANUARY 12, 2023

Artificial intelligence programs are making inroads in the legal field, showing proficiency in two sections of a practice bar exam and getting used for the…

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Bar Exam Tort Legal Legal 142

SCOTUSBlog

OCTOBER 13, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. This week’s update on the cases that the Supreme Court has newly relisted will be short: There aren’t any new relists. Gorsuch said he hoped the court would overturn those cases soon in “an appropriate case.”

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Tort Construction Court Felony 110

HowAppealing

NOVEMBER 8, 2022

“‘Totally Out of Control’ Attorney Fees in Mass Torts Dodge Appellate Review; U.S. Court of Appeals for the Ninth Circuit issued last Thursday. The post “‘Totally Out of Control’ Attorney Fees in Mass Torts Dodge Appellate Review; U.S. ” appeared first on How Appealing.

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Tort Litigation Litigating Attorney 100

Above The Law

APRIL 26, 2022

The post Alex Jones’s Lawyers ‘Splain To Bankruptcy Judge That Putting The Kibosh On State Tort Claims Is His Real Job appeared first on Above the Law. Bold strategy, Cotton!

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Tort Lawyers Lawyer Laws 98

JURIST

APRIL 16, 2024

The US Supreme Court Monday declined a petition for a writ of certiorari filed by Black Lives Matter organizer DeRay Mckesson, effectively allowing him to be sued by a Louisiana police officer for negligence. ” Both the district court and the Fifth Circuit looked to NAACP v. The case at bar, DeRay Mckesson v.

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Court Tort Court Rules Laws 177

JURIST

DECEMBER 20, 2023

The UK Supreme Court ruled Wednesday that a Guantanamo Bay prisoner held by the US can bring a claim in the English and Welsh courts against UK authorities. The preliminary issue for the courts in this case was which law applied to the torts allegedly committed while Zubaydah was being held in these six countries.

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Court Rules Tort Court Laws 151

HowAppealing

AUGUST 25, 2021

Second Circuit rules that federal inmate’s failure to comply with Connecticut’s certificate of merit requirement in dental malpractice suit under Federal Tort Claims Act does not require dismissal: You can access today’s ruling of the U.S. Court of Appeals for the Second Circuit at this link.

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Tort Court 100

ABA Journal

DECEMBER 8, 2023

Courts in Georgia and Pennsylvania are named as top "judicial hellholes" for their friendliness to tort plaintiffs in a report by the American Tort Reform…

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Tort Litigation Litigating Court 110

HowAppealing

JUNE 14, 2023

“Armslist Not Liable for Hosting Gun Sale Ads That Led to Purchases by People Who Used the Guns Criminally; The Seventh Circuit so holds, applying Wisconsin tort law, and not reaching the 47 U.S.C. § Court of Appeals for the Seventh Circuit issued Monday. 230 issue” appeared first on How Appealing.

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Tort Laws Court 100

HowAppealing

JULY 22, 2021

Fourth Circuit panel divides over whether Shady Grove excuses a Federal Tort Claims Act claimant from having to comply with West Virginia’s certificate of merit requirement for a medical negligence claim: You can access yesterday’s ruling of a partially divided three-judge panel of the U.S.

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Tort Court 100

JURIST

FEBRUARY 14, 2021

As there are no laws in Mali to aid the plaintiffs in seeking damages or civil remedies against foreign exporters, they brought their claims under US law, specifically the Trafficking Victims Protection Reauthorization Act and the Alien Torts Statute. The defendant companies are Barry Callebaut, Cargill, Hershey, Mars, Mondel?z,

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Tort Statute Legal Legal 239

JonathanTurley

OCTOBER 27, 2024

This month, there is a new case on the docket after the Supreme Court granted certiorari in Smith & Wesson Brands v. The First Circuit reversed a trial court that dismissed the case, alleging that the American firearms industry is legally responsible for violence in Mexico. The Court has accepted the review on two questions: 1.

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Tort Manufacturing Court Statute 58