JURIST

MARCH 26, 2025

The Tokyo District Court ordered the dissolution of the Japanese branch of the Unification Church, colloquially known as “moonies”, following an inquest from the Ministry of Education, Culture, Sports, Science and Technology into alleged violations of the Japanese Civil Code and Religious Corporations Act, according to local media.

Court 104

Court Tort Sports Education 104

JURIST

JANUARY 1, 2021

The Iowa Supreme Court ruled Thursday that plaintiffs cannot recover punitive damages from the state when a law enforcement officer uses excessive force. The Iowa Tort Claims Act (ITCA) prohibits an award of punitive damages against the state. The Iowa Tort Claims Act (ITCA) prohibits an award of punitive damages against the state.

Punitive Damages 197

Punitive Damages Tort Court Laws 197

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.

Court 223

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.

Court 221

Court Tort Legal Legal 221

SCOTUSBlog

APRIL 29, 2025

The Supreme Court on Tuesday morning was sympathetic to the victims of a wrong house raid in 2017, with several justices expressing surprise at the federal governments efforts to contend that the actions of FBI agents were shielded from liability because their acts were discretionary. Both the district court and the U.S.

Tort 99

Tort Government Court Laws 99

HowAppealing

DECEMBER 12, 2024

Supreme Court are top judicial hellholes, a tort reform group says. ‘Whenever there is a result holding accountable a corporate wrongdoer, that jurisdiction becomes a hellhole,’ Thomas Kline said of the report by the American Tort Reform Foundation.” “Philly and the Pa. Trial attorneys arent happy.

Tort 100

Tort Attorney Court 100

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.

Court 220

Court Tort Court Rules Legal 220

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 190

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.

Court Rules 228

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.

Tort 100

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.

Case Management 100

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.,

Litigation 189

Litigation Litigating Tort Court 189

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.

Tort 100

Tort Court Laws 100

HowAppealing

APRIL 1, 2025

Bankruptcy Court for the Southern District of Texas at this link. And Dietrich Knauth of Reuters reports that “ US judge rejects J&J’s $10 billion baby powder settlement.” ” You can access yesterday’s ruling of the U.S.

Tort 100

Tort Court 100

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.

Compensatory Damages 230

Compensatory Damages Statute Court Tort 230

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.

Tort 100

Tort Court 100

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.

Laws 211

Laws Court Tort Litigation 211

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.

Tort 197

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.

Tort 100

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.

Tort 100

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.

Tort 100

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.

Tort 100

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.

Court 204

Court Tort Laws 204

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.

Tort 114

Tort Statute Court 114

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.

Tort 114

Tort Statute Legal Legal 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.

Court Rules 136

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.

Tort 100

Tort Court Legal Legal 100

SCOTUSBlog

JANUARY 27, 2025

Share The Supreme Court will weigh in on whether a Georgia family whose home was mistakenly raided by an FBI SWAT team can sue the federal government for the error. 24 conference, and three days after they granted three cases from that conference, the court issued a new order granting review in Martin v.

Tort 118

Tort Government Court Lawyer 118

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…

Tort 124

Tort Litigation Litigating Court 124

EvidenceProf Blog

MARCH 18, 2025

The "eggshell plaintiff" or "eggshell skull" doctrine generally "holds that holds that a defendants liability in a tort claim is not mitigated by a plaintiffs unforeseeable, pre-existing susceptibility to injury." Last February, I did a blog post about the Court.

Tort 124

Tort Court 124

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…

Bar Exam 141

Bar Exam Tort Legal Legal 141

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.

Tort 156

Tort Court Laws Government 156

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.

Tort 100

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!

Tort 98

Tort Lawyer Lawyers Laws 98

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.

Court Rules 151

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.

Tort 100

Tort Court 100

Law 360

FEBRUARY 28, 2022

While the recent bankruptcies of Johnson & Johnson, Purdue Pharma and Boy Scouts of America have sparked debate about whether bankruptcy court is the best venue for resolving mass tort claims, bankruptcy's structural, procedural and substantive benefits make it a superior choice over multidistrict litigation, says Samir Parikh at Lewis & Clark Law (..)

Tort 75

Tort Law School Litigating Litigation 75