SCOTUSBlog

MARCH 30, 2022

The answer to that question, which the justices faced on Monday, has tort-liability consequences: A railroad that violates the inspection law is strictly liable for any injuries suffered by its employees. Bradley LeDure, a former Union Pacific engineer, fell on a locomotive while it was parked in a railyard in Salem, Illinois.

Statute 98

Statute Tort Government Court 98

JonathanTurley

FEBRUARY 5, 2022

Sarah Palin (R) against the New York Times, a lawsuit that could have far reaching implications for defamation law in the United States. Hodgkinson, of Illinois, 66, a liberal activist and Sanders supporter. We have previously discussed the lawsuit of former Alaska Gov. Steve Scalise and other members of Congress by James T.

Tort 52

Tort Drafting Court Court Rules 52

JonathanTurley

DECEMBER 6, 2023

Missouri does not appear to have a formal retraction law, but it is still considered a necessary step. Judge Frank Easterbrook wrote that “although the article drips with disapproval of Wilkow’s (and the judges’) conduct, an author’s opinion about business ethics isn’t defamatory under Illinois law.”

Punitive Damages 59

Punitive Damages Court Lawyer Lawyers 59

LawSites

DECEMBER 4, 2023

AltFee Elevator Pitch: AltFee revolutionizes law firm pricing by offering a foundation for alternative fee structures. At the heart of AltFee lies a relentless pursuit of innovation – our platform is built to empower law firms to achieve unprecedented success through non-hourly pricing. What makes you unique or innovative?

Document Review 135

Document Review Court Reporting Metadata Court Reporter 135

SCOTUSBlog

MARCH 20, 2025

At its last conference, it granted review of a one-time relist asking whether federal courts must follow state law requiring medical malpractice claims to be supported by an expert affidavit. The Supreme Court is hitting its stride in sorting through the relists. New Relists Escobar v.

Court 99

Court Attorney Tort Laws 99

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 49

Tort Litigation Litigating Construction 49

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 47

Tort Litigation Litigating Construction 47

JonathanTurley

DECEMBER 14, 2024

University of Illinois Accounting Professor Li Zhang is under fire this week after warning students about their “unconscious and unintentional biases” against women and minorities before they completed their evaluations. Neither the University of Illinois nor the head of the accounting department responded to media inquiries.

Tort 57

Tort Law School Laws 57

SCOTUSBlog

OCTOBER 5, 2023

Ferguson involves a First Amendment challenge to Washington state’s law prohibiting “conversion therapy,” the practice of seeking to change a gay or transgender person’s sexual orientation or gender identity through counseling. A federal district court in North Carolina ultimately invalidated much of the law, and the U.S.

Tort 122

Tort Court Litigating Litigation 122

SCOTUSBlog

APRIL 29, 2022

The answer had consequences for a tort suit brought by Bradley LeDure, a former Union Pacific engineer who fell on a locomotive while it was parked in an Illinois railyard. Equally divided decisions are not precedential: The 7 th Circuit’s decision is left in place but does not become the law of the land.

Court 98

Court Tort Immigration Statute 98

SCOTUSBlog

NOVEMBER 1, 2023

Brownback , involving whether the Federal Tort Claims Act’s “judgment bar,” which bars any claim based on the same subject matter as a dismissed FTCA case, applies when both the actions were originally brought together. The Supreme Court did not grant review in any new cases since our last installment. ” (relisted after the Sept.

Court 111

Court Contract Statute Government 111

Intelligize Blog

APRIL 27, 2023

Essentially, the Texas Two-Step refers to a legal maneuver in which a parent company transfers its tort liabilities to a spin-off entity that remains under the parent company’s control. If successful, J&J could substantially reduce its exposure to damages from a flood of lawsuits claiming its baby powder and talc products cause cancer.

Entertainment 70

Entertainment Tort Manufacturing Legal 70

JonathanTurley

NOVEMBER 21, 2021

The company and the Oklahoma justices are right on the law. Public nuisance was originally addressed in England by criminal laws against such offenses as obstructing “the King’s highways.” Yet the torts system has an elaborate and well-functioning system of product liability. Those cases collapsed, and rightly so. In Chicago v.

Tort 42

Tort Litigating Litigation Manufacturing 42

JonathanTurley

FEBRUARY 19, 2022

Hodgkinson, of Illinois, 66, a liberal activist and campaign supporter of Bernie Sanders (I-Vt.). Sullivan , Justice Hugo Black said that “state libel laws threaten the very existence of an American press virile enough to publish unpopular views on public affairs and bold enough to criticize the conduct of public officials.”.

Freelance 46

Freelance Court Legal Legal 46

LettersBlogatory

AUGUST 23, 2021

1605(a)(3), which creates an exception to foreign sovereign immunity when the case concerns “rights in property taken in violation of international law.” Their claim did not arise under the ATS or under state law, but under the FSIA itself. The law seems clear, to me at least. But is the outcome a bad outcome?

Cause of Action 52

Cause of Action Statute Tort Court 52

JonathanTurley

AUGUST 29, 2024

Hodgkinson, of Illinois, 66, a liberal activist and campaign supporter of Bernie Sanders (I-Vt.). Sullivan , Justice Hugo Black said that “state libel laws threaten the very existence of an American press virile enough to publish unpopular views on public affairs and bold enough to criticize the conduct of public officials.”

Court 64

Court Government Statute Tort 64

JonathanTurley

DECEMBER 24, 2020

’Tis the season for the Christmas tort. For lawyers, Christmas remains a horn-of-plenty for the practice of law. Thus, each year we gather for the posting of the annual list of Christmas torts and crimes. This false imprisonment tort however addressed by a relocation to a forest and the owl appeared entirely without counsel.

Tort 58

Tort Contract Lawyer Lawyers 58

SCOTUSBlog

OCTOBER 27, 2023

The court also declined without comment to take up two other petitions , seeking review of a ruling by a federal appeals court that invalidated on First Amendment grounds a North Carolina law that allows employers to sue employees who make undercover video or audio recordings. relisted after the Sept. 13 conferences) Tingley v.

Court 108

Court Laws Tort Litigation 108

SCOTUSBlog

JULY 1, 2021

Marstiller , 20-1263 , presents the question whether the federal Medicaid Act allows state Medicaid programs to recover reimbursement for Medicaid’s payment of a beneficiary’s past medical expenses by taking funds from the beneficiary’s tort recovery that compensate for future medical expenses. We finish with good old private litigation.

Compensatory Damages 101

Compensatory Damages Government Cause of Action Court 101

JonathanTurley

MAY 6, 2021

I have been a vocal critic of Feres for decades and wrote a three-part study of the military legal system 20 years ago that detailed how this doctrine began in 1950 with a clearly erroneous reading of the Federal Tort Claims Act (FTCA). Tort liability does not simply make victims whole but encourages others to take precautions.

Court 50

Court Tort Litigating Litigation 50

SCOTUSBlog

NOVEMBER 30, 2023

Abbott , involving a challenge to the use of nonmutual offensive collateral estoppel to hold that issues resolved in bellwether tort trials bind the defendant in later cases. The court finally denied review on Nov. 20 in six-time relist E.I. du Pont de Nemours & Co. Remarkably, six petitions still remain from the long conference.

Court 105

Court Litigation Litigating Government 105

SCOTUSBlog

OCTOBER 11, 2023

The California state law at issue in Flagstar Bank v. Kivett , and the New York state law in Cantero v. Court of Appeals for the 9th Circuit held that the California law requiring escrow interest was not preempted by the National Bank Act. Nelson ,…517 U.S. Yes, the statute really does have a full cite to the opinion in it.

Laws 92

Laws Personal Injury Court Tort 92

SCOTUSBlog

JANUARY 23, 2025

The states also allege that suits involving the interstate effects of pollution are exclusively governed by federal common law and belong in federal court to avoid the risk of inconsistent judgments. City of Carbondale, Illinois , 24-57 Issue: Whether this Court should overrule Hill v. Coalition Life v. Relisted after the Nov.

Court 114

Court Tort Education Government 114

JonathanTurley

OCTOBER 30, 2023

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. In another June 2023 decision in Munoz v.

Tort 58

Tort Litigation Litigating Construction 58

JonathanTurley

MARCH 5, 2023

She was previously criticized for allegedly spreading disinformation and advocating censorship , Jankowicz previously argued that Congress should create new laws to block mockery of women online by reauthorizing the Violence Against Women Act (VAWA) and including “provisions against online gender-based harassment.” Hamsher 74 Cal.App.4th

Tort 54

Tort Government Real Estate Legal 54

JonathanTurley

OCTOBER 4, 2022

Judge Frank Easterbrook wrote that “although the article drips with disapproval of Wilkow’s (and the judges’) conduct, an author’s opinion about business ethics isn’t defamatory under Illinois law.” ” It is possible to prevail if the allegation is factual and specific and false.

Court 42

Court Court Rules Tort Lawyer 42

SCOTUSBlog

JANUARY 16, 2025

But in response to legal challenges, Congress amended the law in 2022 to give the FTC the power to make changes to the authoritys rules. They argued that the law was unconstitutional because it delegated federal power to a private company a concept known as the private nondelegation doctrine. The en banc 4th Circuit upheld the law.

Tort 105

Tort Statute Court Laws 105

SCOTUSBlog

JANUARY 9, 2025

On remand, the district court concluded that prison administrators were entitled to qualified immunity because, in light of the unprecedented circumstances of the COVID-19 pandemic, no clearly established federal law would have alerted the defendants that their actions were unconstitutional. The 6th Circuit again reversed. 13 conferences.)

Tort 106

Tort Contract Court Laws 106

SCOTUSBlog

DECEMBER 12, 2024

The 9th Circuit concluded that RFRA did not change that outcome because Congress passed the law against the backdrop of that decision. Revisiting the Feres doctrine The Federal Tort Claims Act waives U.S. The government and Resolution Mining urge the justices to leave the 9th Circuits ruling in place. Relisted after the Dec.

Tort 115

Tort Court Government Statute 115

ClimateChange-ClimateLaw

JULY 2, 2021

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. The cities also have filed a motion to amend their complaints to withdraw federal common law public nuisance claims that they added after the district court denied remand.

Court 49

Court Litigation Litigating Statute 49