SCOTUSBlog

OCTOBER 5, 2023

King sued them under the Federal Tort Claims Act and under Bivens v. The district court then invoked nonmutual offensive collateral estoppel to preclude du Pont from disputing key issues involving duty, breach, and foreseeability in other cases in the multidistrict litigation. du Pont de Nemours & Co. 26 conference) King v.

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Tort Court Litigating Litigation 116

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. The new entity then files for bankruptcy, shielding the assets of the parent company from litigants’ claims.

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Entertainment Tort Manufacturing Legal 70

JonathanTurley

DECEMBER 29, 2022

That was the case with the litigation over the false claims made against former Rep. 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.”. Gary Condit by the late Dominick Dunne.

Tort 34

Tort Litigating Litigation Lawyer 34

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 34

Tort Litigating Litigation Manufacturing 34

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. Maryland and Napue v.

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Court Contract Statute Government 106

SCOTUSBlog

OCTOBER 27, 2023

Brownback , 22-912 Issue : Whether the Federal Tort Claims Act’s judgment bar, which this court has repeatedly said functions in much the same way as the common-law doctrine of res judicata, nevertheless operates to bar claims brought together in the same action. ” (relisted after the Sept. 13 conferences) King v. Maryland and Napue v.

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Court Laws Tort Litigating 89

SCOTUSBlog

JULY 1, 2021

In government-facing litigation, the government’s petition in Becerra v. We finish with good old private litigation. City of Chicago, Illinois , 20-1214. Court of Appeals for the 5th Circuit failed to appropriately reweigh the aggravating factors against the mitigating ones. CVS Pharmacy Inc. Pivotal Software v. Tran , 20-1541.

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Compensatory Damages Government Court Cause of Action 87

SCOTUSBlog

OCTOBER 11, 2023

For insured claims, the insurer would have to seek the same information in litigation on a case-by-case basis. The solicitor general notes other instances where Munsingwear vacatur was permitted after the executive ceased certain contested policies for reasons “ undertaken in good faith and for reasons unrelated to litigation.”

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Laws Court Personal Injury Tort 85

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.

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Court Tort Litigating Litigation 37

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.

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Court Litigating Litigation Government 87

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.

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Tort Litigation Litigating Construction 45

LawSites

DECEMBER 4, 2023

VoiceScript Ai.Law Elevator Pitch: Provides AI-generated litigation documents, from pleadings to discovery. We are the first AI-driven platform to focus specifically on drafting litigation documents. The substantial amount of time lawyers spend drafting documents during litigation. What makes you unique or innovative?

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Document Review Court Reporting Metadata Court Reporter 135

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. climate litigation charts. By Margaret Barry and Korey Silverman-Roati. and non-U.S. HERE ARE THE ADDITIONS TO THE CLIMATE CASE CHART SINCE UPDATE # 147.

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Court Litigating Litigation Statute 49

JonathanTurley

FEBRUARY 5, 2022

Hodgkinson, of Illinois, 66, a liberal activist and Sanders supporter. The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. In order to prevail, a litigant must show either actual knowledge of its falsity or a reckless disregard of the truth.

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Tort Drafting Court Court Rules 38