JonathanTurley

NOVEMBER 21, 2021

It evolved into a common-law tort to address a broader range of “interests of the community at large—interests that were recognized as rights of the general public entitled to protection,” in the words of the American Law Institute’s Second Restatement of Torts (1965-79). Those cases collapsed, and rightly so. In Chicago v.

Tort 43

Tort Litigation Litigating Manufacturing 43

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 67

Punitive Damages Court Lawyers Lawyer 67

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 116

Court Contract Statute Government 116

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 99

Compensatory Damages Government Court Cause of Action 99

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 94

Laws Court Personal Injury Tort 94

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 61

Tort Litigation Litigating Construction 61

SCOTUSBlog

DECEMBER 12, 2024

Last Friday , the court agreed to review two cases involving the constitutionality of a statute allowing federal courts to assert jurisdiction over the Palestine Liberation Organization and the Palestinian Authority. And the court concluded that the statute, so construed, could constitutionally be applied against Catholic Charities.

Tort 102

Tort Court Government Statute 102

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 48

Court Litigation Litigating Statute 48

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.

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Court Government Statute Tort 70