Patently O

FEBRUARY 22, 2023

1] He is also an adjunct professor at American University Washington College of Law. ten years ago—at least in part due to longstanding common law rules on champerty, maintenance, [3] and patent law’s relative high risk—today third-party litigation funding (TPLF) [4] undergirds about 30% of all patent litigation, by conservative estimates. [5]

Litigation 126

Litigation Litigating Court Finance 126

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.

Tort 109

Tort Court Litigation Litigating 109

SCOTUSBlog

JANUARY 8, 2021

However, in 1908’s Ex parte Young , the Supreme Court allowed suits against state officials, in lieu of states themselves, for violations of federal law. Waterfront Commission of New York Harbor v. Murphy involves New Jersey and New York’s Waterfront Commission Compact. In 1950’s Feres v. United States. Robinson v.

Government 105

Government Tort Court Rules Court 105

JonathanTurley

OCTOBER 8, 2021

A couple of bizarre recent cases raise a question that we occasionally discuss in my torts class: the liability for suicidal acts, particularly jumping from buildings. This week, a 31-year-old man jumped from a high-rise in Jersey City, New Jersey and landed on a BMW. RESTATEMENT (SECOND) TORTS § 283A (AM.

Tort 35

Tort Laws Court Legal 35

JonathanTurley

MAY 24, 2022

In teaching torts, we often discuss the vague line between self-defense and retaliation in cases of assault and battery. In New Jersey, assault is defined in the following way: 2C:12-1 Assault. That is defined below under New Jersey statute. Simple assault.

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Legal Legal Tort Personal Injury 45

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. California , 22 Orig. CVSG: 12/10/2024 (Relisted after the Jan. 17 conference.) Returning Relists Turco v.

Court 120

Court Tort Education Government 120

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. The en banc 4th Circuit upheld the law.

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Tort Statute Court Laws 110

SCOTUSBlog

JANUARY 9, 2025

On remand, the district court concluded that prison administrators were entitled to qualified immunity because, in light of the unprecedented circumstances of the COVID-19 pandemic, no clearly established federal law would have alerted the defendants that their actions were unconstitutional. The 6th Circuit again reversed. 13 conferences.)

Tort 110

Tort Contract Court Laws 110

ClimateChange-ClimateLaw

FEBRUARY 10, 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 Town reportedly could not sufficiently fund its defense of the law, which was challenged by two developers. By Margaret Barry and Korey Silverman-Roati .

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Court Reporting Construction Court Government 45

SCOTUSBlog

DECEMBER 12, 2024

The 9th Circuit concluded that RFRA did not change that outcome because Congress passed the law against the backdrop of that decision. Revisiting the Feres doctrine The Federal Tort Claims Act waives U.S. The government and Resolution Mining urge the justices to leave the 9th Circuits ruling in place. Relisted after the Dec.

Tort 121

Tort Court Government Statute 121

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.

Court 122

Court Statute Litigating Litigation 122