ClimateChange-ClimateLaw

FEBRUARY 12, 2024

Litigation against major corporate greenhouse gas (GHG) emitters has proven extremely tough. Even as successful cases against governments have blossomed, private suits face significant barriers. All three of Smith’s claims will now proceed to what may the be first full climate tort claim in a common law jurisdiction.

Litigation 75

Litigation Litigating Laws Tort 75

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. The next scary moment is likely to be in the form of a torts complaint.

Tort 50

Tort Litigation Litigating Construction 50

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 48

Tort Litigation Litigating Construction 48

SCOTUSBlog

APRIL 4, 2022

Larry Thompson was charged with resisting arrest and obstructing a government investigation when he attempted to stop police from entering his apartment in response to a false call about child abuse. The elements of the constitutional claim match those of the tort. Background. The final element serves multiple purposes.

Tort 113

Tort Court Litigation Litigating 113

SCOTUSBlog

DECEMBER 2, 2023

At the same time, the dispute also raises broader questions about whether and when it is appropriate to resolve mass tort cases – that is, lawsuits brought by a group of people who have been harmed in a similar way, such as in a plane crash or by a defective product – through the bankruptcy system. In any event, the U.S.

Court 141

Court Tort Litigation Litigating 141

The Crime Report

FEBRUARY 2, 2022

For the tribes to receive the full amount from the companies, 95 percent of the litigating tribes must agree to settle, as well as at least 14 of the 17 non-litigating tribes of more than 5,000 members for the distributors’ deal. About 15 percent of funds will go toward attorneys’ fees.

Litigation 97

Litigation Litigating Tort Attorney 97

ClimateChange-ClimateLaw

JULY 21, 2023

On July 21, 2023, the Sabin Center launched its latest report, Modelling Climate Litigation Risk for (Re)Insurers. However, alongside physical risks, companies face a rising tide of climate change-related litigation. The economic impact of climate litigation can be enormous.

Litigation 97

Litigation Litigating Finance Tort 97

LawSites

APRIL 27, 2022

Founded in 2014 with an original focus on litigation and personal injury law, the company has been steadily expanding its platform into other areas of law practice — including larger firms, insurance defense, corporate legal, and government — and it plans to use this funding to further fuel that expansion.

Personal Injury 98

Personal Injury Tort Law Firms Law Firm 98

Conflict of Laws

SEPTEMBER 4, 2024

The second post , Business and Human Rights Litigation and Private International Law, highlights findings shared by panellists on sustainability and private international law, and human-rights-related torts in the private international law of the European Union.

Government 59

Government Laws Tort Drafting 59

JonathanTurley

AUGUST 8, 2023

The college then prolonged the litigation, virtually forcing the family into insolvency. Oberlin President Carmen Twillie Ambar and the Board needlessly spent millions in litigation costs above the damages rather than admit that the college was wrong in the targeting of this grocery. A judge later reduced the award to $25 million.

Litigation 55

Litigation Litigating Punitive Damages Tort 55

SCOTUSBlog

MARCH 1, 2022

Egbert argues that retaliation claims (in which lawful action becomes unlawful if done for the wrong reason) are “nebulous” and “amorphous,” producing difficult and complex litigation. The federal government’s arguments. Unlike Egbert, the government does not argue that courts cannot extend Bivens. Boule’s arguments.

Cause of Action 110

Cause of Action Immigration Tort Government 110

SCOTUSBlog

JANUARY 16, 2022

Her heirs have been litigating for more than 15 years over rights to the painting, an Impressionist masterpiece once thought to be lost. Unbeknownst to the Cassirer family or the German government, the Pissarro was not lost. That question turned on whether California law or Spanish law governed. The full painting.

Tort 127

Tort Court Laws Litigation 127

SCOTUSBlog

OCTOBER 10, 2021

Of the several claims in the lawsuit, the one at issue is against Clark for an unreasonable seizure pursuant to legal process (analogous to the common law tort of malicious prosecution) under the Fourth Amendment. Because the tort claim required favorable termination, so must the parallel Section 1983 claim. Thompson’s arguments.

Tort 107

Tort Litigation Litigating Court 107

ClimateChange-ClimateLaw

DECEMBER 6, 2022

Over the past five years, there has been significant growth in litigation aimed at holding fossil fuel companies accountable for their contributions to climate change. By Jessica Wentz. In the U.S.,

Tort 52

Tort Litigating Litigation Depositions 52

SCOTUSBlog

JUNE 8, 2023

Gorgi Talevski’s family brought a Section 1983 action against Valparaiso Care and Rehabilitation, a government nursing facility owned by Health and Hospital Corp. Government enforcement and administrative remedies may suffice, as will a “centralized review mechanism” that would be undermined by piecemeal individual litigation.

Statute 101

Statute Court Contract Tort 101

ClimateChange-ClimateLaw

FEBRUARY 23, 2022

Many of these cases asserted nuisance and other tort law claims. The Hawai‘i court, however, found Honolulu’s framing of its claims as traditional tort law claims to be “more accurate.” More recently, states and municipalities have asserted claims under consumer protection laws.).

Court 85

Court Tort Cause of Action Litigation 85

ClimateChange-ClimateLaw

JUNE 16, 2021

Over the last year Brazil has seen numerous innovative climate litigation claims filed that have questioned the country’s climate policies and general effects of activities on climate change. (I The Amazon rainforest, the country’s not-so-secret weapon to mitigate climate change, features prominently in the litigation. Climate Damage.

Tort 40

Tort Litigation Litigating Government 40

Legal Research is Easy

SEPTEMBER 3, 2020

Of course, this is probably why states around the country have enacted things like Tort Claims Acts which are written in favor of government entities and whose sole purpose is to limit liability and protect government employees and the departments they work for.

Tort 52

Tort Personal Injury Government Lawyers 52

SCOTUSBlog

OCTOBER 5, 2023

Sylvia Gonzalez, a newly elected Texas city council member elected on an anti-corruption platform was arrested after her first meeting for “intentionally … conceal[ing] … a government record,” for allegedly taking a petition her supporters had presented to the mayor seeking the removal of a city manager. du Pont de Nemours & Co.

Tort 132

Tort Court Litigation Litigating 132

Conflict of Laws

OCTOBER 29, 2021

Thus, the general rule of the place of tort applies equally to corporations and private individuals. [1] 1] In similar, the advancing principle of party autonomy [2] does not distinguish between corporations and other litigants on its operational level.

Government 40

Government Laws Contract Litigation 40

ClimateChange-ClimateLaw

JUNE 26, 2023

On March 9, 2023, the Japanese Supreme Court refused to hear the first climate change litigation brought before it without specifying substantive reasons. Background information about the general climate context and litigation in Japan is available in a previous blog post. Citizens’ Committee on the Kobe Coal-Fired Power Plant v.

Court 115

Court Construction Litigation Litigating 115

Blackstone Career Institute

JUNE 6, 2024

Civil Litigation Blackstone Career Institute’s Civil Litigation course offers an immersive exploration into the role of paralegals in civil lawsuits. Key topics include the role of a paralegal in tort litigation, the study of negligence, strict liability, products liability, and various other tort categories.

Paralegals 52

Paralegals Paralegal Real Estate Personal Injury 52

Day on Torts

OCTOBER 31, 2022

25, 2022), plaintiff filed multiple tort claims against multiple defendants, including libel claims against certain defendants based on their social media statements related to the death of a dog who died while in the care of plaintiff’s dog training business. In Laferney v. Livesay , No. E2021-00812-COA-R3-CV, 2022 WL 14199150 (Tenn.

Tort 59

Tort Statute Attorney Litigation 59

Day on Torts

NOVEMBER 15, 2022

When a litigant has filed a motion to dismiss pursuant to the Tennessee Public Participation Act (TPPA), that motion should be analyzed under the provisions of the TPPA rather than under the traditional Tennessee Rule of Civil Procedure 12 analysis. In Reiss v. Rock Creek Construction, Inc. , E2021-01513-COA-R3-CV, 2022 WL 16559447 (Tenn.

Prima Facie Case 59

Prima Facie Case Tort Statute Construction 59

SCOTUSBlog

FEBRUARY 21, 2024

To offer a bit of background, commercial contracts often include provisions that call for litigation in a particular forum (a forum-selection clause) and for the application of the law of a particular jurisdiction (a choice-of-law clause). Often, when the parties are from different jurisdictions, they select a neutral forum and its law.

Contract 115

Contract Laws Statute Litigation 115

JonathanTurley

NOVEMBER 21, 2021

Below is my column in the Wall Street Journal on the ongoing opioid litigation and an important ruling out of the Oklahoma Supreme Court. Yet the torts system has an elaborate and well-functioning system of product liability. In the opioid litigation, the companies were producing a lawful, nondefective product.

Tort 43

Tort Litigation Litigating Manufacturing 43

Conflict of Laws

MAY 26, 2021

As was briefly announced earlier on this blog , on 29 January 2021, the Dutch Court of Appeal in The Hague gave a ruling in a long-standing litigation launched by four Nigerian farmers and the Dutch Milieudefensie. Climate change and related human rights litigation is undoubtedly of increasing importance in private international law.

Litigation 52

Litigation Litigating Laws Court 52

Conflict of Laws

JANUARY 10, 2022

Given the power of Big Tech Companies, their enormous financial resources, cross-jurisdictional reach and their global impact on users’ privacy, there are two main litigation challenges for successfully bringing a privacy claim against Big Tech. 3] Secondly, the challenge is how to finance mass claims, involving millions of affected users.

Tort 75

Tort Litigation Litigating Finance 75

Day on Torts

OCTOBER 3, 2022

Although Tennessee had no case law on this issue, the Court noted that other states have interpreted their own similar laws to mean that “neighborhoods are often considered to constitute communities and implicate matters of ‘public interest’ or ‘public concern’ in the context of anti-SLAPP litigation.” . § 20-17-101 et seq., quoting Tenn.

Prima Facie Case 59

Prima Facie Case Tort Real Estate Statute 59

ClimateChange-ClimateLaw

MARCH 21, 2022

The decision has significant implications for future climate litigation claims in Australia. Prior to this decision, the Sabin Center’s Network of Peer Review Scholars on Climate Litigation held a webinar on the Sharma case. Sharma and Others and its impact for climate litigation in Australia. Background on the claim.

Litigation 40

Litigation Litigating Court Personal Injury 40

SCOTUSBlog

NOVEMBER 11, 2022

This case presents whether a resident deprived of those rights can sue a publicly owned and operated nursing home under Section 1983, which provides a cause of action against government actors who deprive anyone of rights secured by the “laws” of the United States, meaning other federal statutes, including spending clause enactments.

Court 98

Court Statute Cause of Action Contract 98

ClimateChange-ClimateLaw

MAY 23, 2018

Climate change nuisance litigation is entering a new and dynamic phase. The decisions on these motions could influence pending and future litigation in the same vein – lawsuits seeking damages, compensation or abatement funds to alleviate the costs borne by local governments to adapt to climate change impacts. By Michael Burger.

Litigating 52

Litigating Litigation Tort Cause of Action 52

Day on Torts

MAY 3, 2022

This opinion is an important read for anyone litigating this issue, especially if the case pertains to decisions made by law enforcement officers. Note: Chapter 41, Sections 5 and 18 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. This opinion was released 8.5

Tort 59

Tort Cause of Action Court Statute 59

ClimateChange-ClimateLaw

NOVEMBER 1, 2016

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. Climate Litigation Chart (Update #92): FEATURED CASE. and non-U.S. Here are the additions to the U.S. 24, 2016).

Litigation 40

Litigation Litigating Attorney Court 40

Conflict of Laws

MARCH 18, 2025

Dodge (George Washington University Law School) and first published on Transnational Litigation Blog. The original version can be found at Transnational Litigation Blog. The Peoples Government of Hubei Province and the Peoples Government of Wuhan City fall into the same category because they are political subdivisions.

Tort 67

Tort Court Government Laws 67

Conflict of Laws

MARCH 17, 2025

Since the question in this case is whether the plaintiff can claim the return of money lost on the basis of an illegal and therefore void contract, Rome I is applicable as it also governs claims arising from contracts that are ineffective or of doubtful validity. So far, German courts were hesitant to take this road. 826 BGB ).

Contract 45

Contract Family Law Laws Manufacturing 45

SCOTUSBlog

OCTOBER 13, 2021

Under Section 1983 , an individual who is accused of a crime and believes his constitutional rights were violated can sue government actors for civil damages. Favorable termination serves important values independent of other elements of the tort and thus should be retained. The prosecution dismissed the charges. Clark’s arguments.

Court 101

Court Tort Government Contract 101