SCOTUSBlog

OCTOBER 5, 2023

King sued them under the Federal Tort Claims Act and under Bivens v. Beginning in March 2013, Michael Johnson, a state prisoner in Illinois convicted of murder, was held in solitary confinement for over three years. The district court dismissed both, King appealed only the Bivens action, and the U.S. ” (relisted after the Sept.

Tort 119

Tort Court Litigation Litigating 119

LettersBlogatory

AUGUST 23, 2021

In Nestlé , the court held that a “triple-foreign” claim (a foreign plaintiff asserting that a foreign defendant injured him in a foreign country) cannot proceed under the Alien Tort Statute, even if the claim is that a US company aided and abetted the wrong.

Cause of Action 52

Cause of Action Statute Tort Court 52

JonathanTurley

DECEMBER 6, 2023

There are 33 states with retraction statutes. 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.” .” These retraction letters are often the open salvo in defamation actions.

Punitive Damages 44

Punitive Damages Court Lawyer Lawyers 44

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. In Cargill , the en banc U.S.

Court 110

Court Contract Statute Government 110

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 43

Tort Litigation Litigating Construction 43

SCOTUSBlog

OCTOBER 11, 2023

Yes, the statute really does have a full cite to the opinion in it. 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.

Laws 88

Laws Court Personal Injury Tort 88

SCOTUSBlog

JULY 1, 2021

20-219 , asks whether the compensatory damages available under Title VI of the Civil Rights Act and the statutes that incorporate its remedies, such as the Rehabilitation Act and the Affordable Care Act , include compensation for emotional distress. City of Chicago, Illinois , 20-1214. Cummings v. Premier Rehab Keller P.L.L.C. ,

Compensatory Damages 90

Compensatory Damages Government Court Cause of Action 90

ClimateChange-ClimateLaw

JULY 2, 2021

The Court held that the provision used “extension” in its “temporal sense,” but that the statute did not impose a “continuity requirement” and instead allowed small refineries to apply for hardship extensions “at any time.” In re Enbridge Energy, LP , Nos.

Court 46

Court Litigation Litigating Statute 46

JonathanTurley

AUGUST 29, 2024

Hodgkinson, of Illinois, 66, a liberal activist and campaign supporter of Bernie Sanders (I-Vt.). Moreover, publications are protected in most states by retraction statutes limiting or blocking damages for corrected stories. It was outrageously and demonstrably untrue. The editorial was published in the wake of the shooting of Rep.

Court 47

Court Government Statute Tort 47