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.

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Tort Litigation Litigating Construction 35

JonathanTurley

DECEMBER 29, 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.”.

Tort 34

Tort Litigation Litigating Lawyer 34

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. But appellate courts had divided over whether a locomotive parked at a railyard, and not ready to move imminently, qualifies as in “use.”.

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Court Tort Immigration Statute 87

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.

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Entertainment Tort Manufacturing Legal 70

LawSites

AUGUST 9, 2022

Resolution 402 was presented to the ABA by the Illinois State Bar Association, the New York State Bar Association, the New Jersey State Bar Association, and two ABA sections: the Tort Trial & Insurance Practice Section and the Solo, Small Firm and General Practice Division.

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Legal Services Lawyer Lawyers Law Firm 98

JonathanTurley

MARCH 25, 2021

In my torts class, we discuss sports torts and defenses. Last week, a three-justice panel of the Illinois First District Appellate Court in Chicago ruled against MLB and the Cubs in seeking to enforce the boilerplate language on arbitration printed on the back of baseball tickets. Now the Appellate court has agreed.

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Court Rules Tort Court Sports 35

InHouseOps

JULY 16, 2021

In January, a group of New York state legislators introduced a biometrics regulation bill that contains a private right of action similar to the already enacted Illinois Biometric Information Privacy Act (BIPA). Third, Holiday Inn was sued in Illinois by its own insurance company for making a coverage claim for a biometric class action.

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Laws Litigation Litigating Personal Injury 52

Paralegal Bootcamp

APRIL 15, 2022

States with the highest employment levels were Florida, California, Texas, New York, and Illinois, with annual wages ranging from $52,100 to $60,390. She worked in larger firms in the downtown Phoenix area for past Presidents of the American Trial Lawyer’s Association, specializing in tort law.

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Paralegals Paralegal Legal Assistant Legal Assistance 246

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.

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Tort Litigation Litigating Manufacturing 33

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.

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Tort Court Litigation Litigating 120

JonathanTurley

AUGUST 8, 2023

As reported in the Chronicle Telegram, Oberlin is suing Lexington Insurance Company of New York; United Educators Insurance of Bethesda, Maryland; Mount Hawley Insurance Company of Peoria, Illinois; and StarStone Specialty Insurance Company of Cincinnati.

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Litigation Litigating Punitive Damages Tort 38

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.

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Statute Tort Government Court 93

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.

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Cause of Action Statute Tort Court 52

JonathanTurley

DECEMBER 6, 2023

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.” In the defamation action, Armenta could claim that he falls under the lower standard for defamation actions.

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Punitive Damages Court Lawyers Lawyer 45

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 43

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 Litigation 93

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 Litigation Litigating 36

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 111

SCOTUSBlog

OCTOBER 11, 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. 26 and Oct. 6 conferences) King v.

Laws 88

Laws Court Personal Injury Tort 88

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. City of Chicago, Illinois , 20-1214.

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Compensatory Damages Government Court Cause of Action 90

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. Maryland and Napue v.

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Court Litigation Litigating Government 92

JonathanTurley

JANUARY 12, 2022

Hodgkinson, of Illinois, 66, a liberal activist and Sanders supporter. The case concerns an editorial by the New York Times where it sought to paint Palin and other Republicans as inciting the earlier shooting. The editorial was on the shooting of GOP Rep. Steve Scalise and other members of Congress by James T.

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Court Tort 33

JonathanTurley

MARCH 5, 2023

The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. 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.”

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Tort Government Real Estate Legal 38

JonathanTurley

FEBRUARY 19, 2022

Hodgkinson, of Illinois, 66, a liberal activist and campaign supporter of Bernie Sanders (I-Vt.). It was outrageously and demonstrably untrue. The editorial was published in the wake of the shooting of Rep. Steve Scalise (R-La.) and other GOP members of Congress by James T.

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Freelance Court Legal Legal 34

ClimateChange-ClimateLaw

JULY 2, 2021

They asserted that the agreement and the company’s monopoly control over City parking meters violated the Sherman Act and that the company’s operations under the agreement constituted an unfair trade practice in violation of the Illinois Consumer Fraud and Deceptive Practices Act. Uetricht v. Chicago Parking Meters, LLC , No.

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Court Litigation Litigating Statute 46

LawSites

DECEMBER 4, 2023

Demo video: [link] Founded: 2/9/2021, San Rafael, California [HQ], Chicago, Illinois. Target customer: Lexamica works with all sizes of law firms from large plaintiff firms in single event mass torts to solos who need access to a trustworthy network of peers to refer cases to. Who are your competitors? Esquiretek, LegalMation.

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Document Review Court Reporting Metadata Court Reporter 135

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. At the time, many objected to the column as a transparent effort to shift attention from the shooting of GOP Rep.

Tort 37

Tort Drafting Court Court Rules 37

JonathanTurley

AUGUST 29, 2024

Hodgkinson, of Illinois, 66, a liberal activist and campaign supporter of Bernie Sanders (I-Vt.). It was outrageously and demonstrably untrue. The editorial was published in the wake of the shooting of Rep. Steve Scalise (R-La.) and other GOP members of Congress by James T.

Court 48

Court Government Statute Tort 48

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. Butts (1967).

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Court Court Rules Tort Lawyer 33