Constitutional Law Reporter

MARCH 6, 2025

The case is expected to clarify the application of the Federal Tort Claims Act (FTCA) to wrong-house raids, an issue that has divided the lower courts. 388(1971) and the United States under the FTCA, alleging that the FBI agents violated their Fourth Amendment rights and were also liable for damages under Georgia tort law.

Tort 52

Tort Government Constitutional Law Court 52

Above The Law

FEBRUARY 9, 2023

The post OAN Loses Breach Of Contract Case Against AT&T In CA, Refiles It In DC As Tort Suit appeared first on Above the Law. Well, they already had it drafted. Don't want to waste a pleading.

Tort 98

Tort Contract Drafting Laws 98

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

Conflict of Laws

JUNE 7, 2022

This post is an abridged adaptation of my recent article, Private International Law and Substantive Liability Issues in Tort Litigation against Multinational Companies in the English Courts: Recent UK Supreme Court Decisions and Post-Brexit Implications in the Journal of Private International Law. Muir-Watt (ibid) 386).

Tort 75

Tort Litigating Litigation Legal 75

SCOTUSBlog

JANUARY 8, 2021

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. 1983 against a state or local government actor who created the danger of that injury. In 1950’s Feres v. Robinson v.

Government 103

Government Tort Court Rules Court 103

JURIST

NOVEMBER 10, 2022

Here the question is one of tort law–the court must consider whether the National Labor Relations Act (NLRA) preempts state law. If so, the tort claim must be litigated before the National Labor Relations Board, not a state court. On January 10, the court will hear arguments in Glacier Northwest, Inc.

Court 190

Court Tort Immigration Attorney 190

ClimateChange-ClimateLaw

MARCH 18, 2025

Marine CDR project proponents could also be held liable for the harmful impacts of their projects under tort (i.e. While some forms of tort law are unlikely to apply to marine CDR projects, others are relevant, especially for projects in state ocean waters. judge-made) law.

Tort 59

Tort Statute Legal Legal 59

At the Lectern

JULY 10, 2023

Santa Clara County, which operates a plan, had asserted that a separate statutory scheme — the Government Claims Act — immunizes it from reimbursement lawsuits when the provider doesn’t have a contract with the plan. ” (Link added.)

Tort 45

Tort Government Contract Court 45

Law 360

NOVEMBER 1, 2024

Cisco rehearing denial allows a new invocation of the Alien Tort Statute to proceed, which could capture the U.S. companies doing business with foreign governments, say attorneys at Ropes & Gray. The Ninth Circuit's Doe v. Supreme Court's attention, and has potentially dramatic consequences for U.S.

Tort 52

Tort Statute Attorney Government 52

JURIST

JULY 8, 2023

A Royal Commission into Australia’s Robodebt scheme has referred several government officials for civil and criminal prosecution after handing down its final report on Friday. The inquiry included 46 days of hearings, received over 1000 submissions and heard from 115 witnesses regarding the unlawful scheme.

Government 197

Government Tort Drafting Legal 197

Conflict of Laws

JUNE 12, 2023

Oxford University Press officially released the recent book authored by Dr Ugljesa Grusic (Associate Professor at UCL Laws ) titled Torts in UK Foreign Relations. What law governs issues raised by such claims? Should English courts hear such claims? Can foreign judgments given on such claims be recognised and enforced in the UK?

Tort 52

Tort Government Laws Court 52

JURIST

JULY 31, 2023

There is no parliamentary statute, like the Crown Proceedings Act 1947 in the UK and Federal Torts Claims Act 1946 in the USA, that provides citizens the right to pursue tortious remedies against the government, nor is there any clear precedent set by the superior courts of the country that establishes the same.

Tort 197

Tort Statute Legal Legal 197

Above The Law

JUNE 15, 2023

This is one of those fact patterns that Tort professors don't even think up. The post Harvard’s Former Morgue Manager Discovers Selling Human Body Parts And Interstate Commerce Don’t Mix Well appeared first on Above the Law.

Tort 131

Tort Laws Government 131

JURIST

JANUARY 4, 2023

The transformation was from “State” to “Authorities” to “instrumentalities of State” to “agency of the Government” to “impregnation with Governmental character” to “enjoyment of monopoly status conferred by State” to “deep and pervasive control” to the “nature of the duties/functions performed.”

Tort 156

Tort Court Laws Government 156

SCOTUSBlog

JUNE 17, 2021

The plaintiffs relied on the Alien Tort Statute, an 18th-century law that permits foreigners to bring lawsuits in U.S. courts to apply the Alien Tort Statute outside the United States, where U.S. courts for serious violations of international law. laws normally do not apply. That is a good thing,” Gorsuch reasoned.

Tort 144

Tort Statute Finance Court 144

Day on Torts

SEPTEMBER 22, 2021

Although plaintiff labeled his complaint as a tort claim, the gravamen of the complaint was a dispute over “the amount, time and manner of payment of plaintiff’s pension plan benefits.” This case is fairly fact specific, but it is a reminder that a plaintiff cannot change the gravamen of a complaint simply by labeling it as a tort case.

Tort 59

Tort Contract Court Administrative Law 59

Above The Law

SEPTEMBER 20, 2021

[ Business Insider ] * Missourians going the "liberty or death" route are mad the federal government is trying to make them die less. [ If only they knew about issue-spotting before Torts. [ Reuters ]. The Guardian ] * In a much needed move, California is passing legislation that makes stealthing illegal.

Tort 111

Tort Government Laws 111

Conflict of Laws

AUGUST 15, 2024

The book is particularly notable for its observation—citing Professor Robert McCorquodale—that FDL claims intersect with various fields of law, such as domestic criminal law, tort law, contract law, human rights and constitutional law, comparative law, public international law, and private international law.

Tort 64

Tort Litigating Litigation Court 64

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. Alito’s dissent.

Tort 113

Tort Court Litigating Litigation 113

Above The Law

AUGUST 22, 2023

She’s up for the difficult task of juggling torts with campaigns. The post Law School Student Running For Mayor appeared first on Above the Law.

Law School 97

Law School Tort Laws Government 97

SCOTUSBlog

DECEMBER 3, 2023

Bankruptcy and its special powers are being used to compensate for what some court filings call the “ failure ” of tort litigation to efficiently and fully resolve all pending claims. Bankruptcy in Purdue’s case came after the company participated in the traditional tort process; it is the Sacklers’ third-party involvement that the U.S.

Litigating 110

Litigating Litigation Tort Statute 110

SCOTUSBlog

JANUARY 9, 2022

Marstiller presents a straightforward question of statutory interpretation, addressing whether a state Medicaid program can take funds a Medicaid beneficiary receives in a tort settlement from a third party that injured the beneficiary. The federal government (which administers the Medicaid program) strongly supports that position.

Tort 99

Tort Statute Government Court Decisions 99

JURIST

JUNE 15, 2024

The lawsuit was filed in 2008 under the Alien Tort Statute , which allows foreign citizens to bring lawsuits in US federal courts for serious violations of international law. CACI contended that the plaintiffs had their day in court and that the evidence did not support a verdict against CACI.

Tort 99

Tort Statute Contract Technology 99

Law 360

JANUARY 13, 2025

Supreme Court appears unwilling to determine the fate of climate change lawsuits against fossil fuel companies until state courts have at least grappled with the substance of the allegations made by state and local governments.

Tort 52

Tort Government Court 52

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 49

Tort Litigating Litigation Construction 49

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 51

Tort Litigating Litigation Construction 51

Day on Torts

AUGUST 2, 2021

Multiple other calls were made between 911, various government agencies, and the electric company, although the director of the Emergency Management Agency did not arrive on the scene until 3:07 a.m. This would perversely incentivize government, should it commit a negligent act, to commit worse forms of negligence so as to remain immune.

Tort 59

Tort Cause of Action Statute Court 59

At the Lectern

MARCH 7, 2022

Balancing “the interests of homeowners in default against those seeking affordable home loans,” the Supreme Court in Sheen v. ” The court settles a conflict in Court of Appeal case law and notes a similar divide in federal district court rulings. .”

Tort 49

Tort Court Personal Injury Contract 49

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. The first is whether Harrington, as the U.S.

Court 141

Court Tort Litigating Litigation 141

Gravel2Gavel

JUNE 22, 2021

The federal government depends on the service of thousands of Administrative Law Judges (ALJs), most of whom are appointed or selected by the head of an agency or internal agency boards.

Tort 59

Tort Statute Administrative Law Court 59

SCOTUSBlog

MARCH 20, 2025

But the court denied review last week in a case that sought to invalidate the burden-shifting framework that has long governed employment discrimination cases. Relisted after the May 30, 2024 and Mar. 7, 2025 conferences.) Returning Relists Apache Stronghold v.

Court 95

Court Attorney Tort Laws 95

SCOTUSBlog

MARCH 1, 2022

And a plaintiff in Boule’s position has alternative remedies, including claims under the Privacy Act, proceedings through the IRS and federal tax code, state tort law, and federal administrative investigations. The federal government’s arguments. Unlike Egbert, the government does not argue that courts cannot extend Bivens.

Cause of Action 109

Cause of Action Immigration Tort Government 109

JURIST

MARCH 24, 2022

The District Court of The Hague Wednesday rejected a suit brought by four Nigerian widows against oil giant Shell for allegedly helping corrupt witnesses testifying against their late husbands, who were executed in 1995 by the Nigerian government following protests against Shell’s exploitation of the Niger Delta.

Court 104

Court Tort Court Rules Government 104

The Crime Report

JUNE 29, 2021

law named the Alien Tort Statute that allows non-U.S. CACI had claimed it was protected under derivative sovereign immunity, a legal doctrine that shields government contractors from liability under certain circumstances. The Supreme Court in 2013 narrowed the Alien Tort Statute to cover conduct that occurred in the U.S.

Tort 75

Tort Court Statute Court Decisions 75

Day on Torts

JANUARY 31, 2022

One is a tort case. National Treasury Employees Union, Chapter 39 addresses the torts of malicious prosecution and civil conspiracy. Netflix, Inc. , addresses the the right to regulate Netflix and Hulu (and similar concerns) by local governments. Last week, the Tennessee Supreme Court agreed to hear two new cases.

Tort 59

Tort Court Government Laws 59

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

The Crime Report

NOVEMBER 17, 2021

“From beginning to end, covert operators and legal rules hide the inner workings of the system” in what is effectively a “black box” impenetrable to outsiders—and the system has become even more opaque thanks to the sophisticated technologies now used by police and government agencies in their investigations, Ryan details.

Technology 141

Technology Criminal Law Government Tort 141