SCOTUSBlog

APRIL 17, 2025

Konan sued the USPS under the Federal Tort Claims Act, asserting claims under Texas law for nuisance, tortious interference, conversion, and intentional infliction of emotional distress. In an unusual move, Konan, reprented by the Stanford Law School Supreme Court Litigation Clinic, has filed a conditional cross-petition ( Konan v.

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Tort Court Litigation Litigating 104

SCOTUSBlog

OCTOBER 13, 2022

United States , the 1950 Supreme Court case holding that the United States is not liable under the Federal Tort Claims Act for injuries sustained by members of the armed forces while on active duty and resulting from the negligence of others in the armed forces. United States. The case involves the so-called Feres doctrine, after Feres v.

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Tort Construction Court Felony 106

ClimateChange-ClimateLaw

NOVEMBER 1, 2016

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 court rejected Exxon’s argument that it could withhold documents based on an accountant-client privilege under Texas law. and non-U.S. Avista Corp.

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Litigation Litigating Attorney Court 40

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. Relisted after the Jan. 28 and Mar. 7 conferences.)

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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.

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Tort Litigation Litigating Construction 47

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. Maryland and Napue v. The Supreme Court did not grant review in any new cases since our last installment.

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Court Contract Statute Government 111

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.

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Tort Court Litigating Litigation 122

The Crime Report

AUGUST 31, 2021

In addition to civil claims that arguably define trafficking beyond its logical limits, similar lawsuits are increasingly being filed against third-party businesses and individuals who unwittingly encounter bad actors on their platform or premises, regardless of whether they alert law enforcement as soon as this clandestine crime is identified.

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Statute Tort Litigating Litigation 132

JonathanTurley

NOVEMBER 13, 2022

Swalwell is a lawyer with a degree from the University of Maryland Law School. Nebraska (1925), the Court struck down a state law prohibiting instruction in German. American torts have long required consent in torts. Swalwell is missing is called informed consent. Indeed, in Meyer v. Spence , 464 F.2d

Legal 57

Legal Legal Education Tort 57

JonathanTurley

JUNE 16, 2021

The use of force in such a circumstance is justified under Indiana Code 35-41-3-3(b): A law enforcement officer is justified in using reasonable force if the officer reasonably believes that the force is necessary to effect a lawful arrest. ?However, The only question is whether this is actionable as a matter of torts.

Tort 57

Tort Felony Court Laws 57

JonathanTurley

OCTOBER 13, 2021

Police in Montgomery County, Maryland are investigating a new “Castle Doctrine” case after Harry Trueman Powell, 34, was shot and killed by a homeowner. Since there is no report that Powell was armed, the case is likely to raise Maryland’s Castle Doctrine defense. Powell had a criminal record including domestic abuse.

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Statute Laws Tort Criminal Law 43

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.

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Court Laws Tort Litigation 108

SCOTUSBlog

APRIL 29, 2021

At trial, TCL did not present evidence supporting its Section 101 “abstract idea” theory, and it did not raise Section 101 at the close of evidence or when it moved for judgment as a matter of law under Federal Rule of Civil Procedure 50(a). Maryland , 20-101. On appeal, the U.S. relisted after the April 23 conference).

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Tort Court Technology Laws 90

JonathanTurley

MAY 3, 2021

Some past “sovereign immunity” cases turn on the “public duty doctrine” that shields government from liability when it refuses to act to enforce laws. Jonathan Turley is the Shapiro Professor of Public Interest Law at George Washington University. In 1855, the Supreme Court ruled in South v.

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Government Court Rules Education Court 59

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 Litigation Litigating Government 105

SCOTUSBlog

APRIL 21, 2021

United States that the Federal Tort Claims Act, through which Congress generally waived the federal government’s sovereign immunity from tort liability, does not extend to service-members’ injuries that “arise out of or are in the course of activity incident” to a person’s active duty service in the military. Wright , 20-940.

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Tort Court Government Entertainment 103

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.

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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. Relisted after the Jan. 10 and Jan. 17 conferences.)

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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

JANUARY 31, 2021

As someone who has taught defamation torts for thirty years, the Trump Administration has been a bonanza of such cases and controversies. I regularly criticized Donald Trump for his calls to change defamation laws. The Lincoln Project is the latest example. This includes work that was previously discussed as potentially defamatory.

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Tort Court Laws Court Rules 55

ClimateChange-ClimateLaw

NOVEMBER 7, 2017

Each month, Arnold & Porter Kaye Scholer LLP (APKS) and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. Department of Energy’s (DOE’s) authorization of liquefied natural gas (LNG) exports from three facilities in Louisiana, Maryland, and Texas.

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Court Attorney Technology Assisted Review Legal 40

JonathanTurley

AUGUST 24, 2021

As a torts professor, it has been a bonanza for my students to see different issues raised in such cases involving public officials and public figures. The filings raise some interesting questions for tort actions between two public figures. We will be watching how the case unfolds in the Maryland courts.

Tort 57

Tort Finance Court Court Rules 57

ClimateChange-ClimateLaw

OCTOBER 7, 2019

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. South Dakota Federal Court Granted Preliminary Injunction Against Enforcement of Laws Targeting Pipeline Protesters. and non-U.S. climate litigation charts.

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Court Statute Government Tort 40

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.

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Tort Statute Court Laws 105

JonathanTurley

NOVEMBER 21, 2024

That is in sharp contrast to the approach that the media has taken in other shootings by law enforcement. The DOJ report did not read like any post-shooting review I have read as a criminal defense attorney or law professor. However, the media lionized Byrd and portrayed the killing of the unarmed Babbitt as clearly justified.

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Government Laws Tort Criminal Law 87

JonathanTurley

MAY 23, 2021

” What is most interesting about this lawsuit is how it is arguably meritless under both tort and constitutional law. This is a classic example where opinion is protected under tort and constitutional law. The court ruled that such tweets are manifestly opinion and not facts for the purposes of defamation law.

Tort 52

Tort Lawyer Lawyers Constitutional Law 52

ClimateChange-ClimateLaw

JUNE 8, 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. On May 28, the Maryland state court hearing Baltimore’s case stayed the proceedings pending the Fourth Circuit’ review of the defendants’ other grounds for appeal.

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Court Statute Government Litigation 45

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

ClimateChange-ClimateLaw

APRIL 9, 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. Second Circuit Rejected New York City’s State Law Climate Claims Against Oil Companies. By Margaret Barry and Korey Silverman-Koati. and non-U.S. 3d 849 (9th Cir.

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Court Statute Litigation Litigating 122