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Criminal proceedings reach “favorable termination” when they end without conviction

SCOTUSBlog

This constitutional claim is analogous to the tort of malicious prosecution, as the gravamen of both is initiation of criminal charges without probable cause. The elements of the constitutional claim match those of the tort. Alito’s dissent.

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Federal jurisdiction and the constitutionality of eviction moratoriums

SCOTUSBlog

Konan to determine whether the Federal Tort Claims Act provision exempting claims arising from the loss or miscarriage of letters or postal matter extends to claims that the Post Office deliberately refused to deliver mail to an address. The Supreme Court made short work of two of last weeks first-time relists. But on appeal, the U.S.

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Liability for undelivered mail and the chilling effect of subpoenas

SCOTUSBlog

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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Justices consider next steps in murder case in which prosecution admits error

SCOTUSBlog

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 Dec. 28 and Mar. 7 conferences.)

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Too Clever By Half: Why Public Nuisance is Again at the Heart of a Public Health Debate

JonathanTurley

The company and the Oklahoma justices are right on the law. Public nuisance was originally addressed in England by criminal laws against such offenses as obstructing “the King’s highways.” Yet the torts system has an elaborate and well-functioning system of product liability. In State v.

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Texas Man Invokes “Stand Your Ground” Law After Being Charged For Shooting Man In Parked Car

JonathanTurley

We have previously discussed “ Castle Doctrine ” and “ Stand Your Ground ” laws. Dghoughi came to this country from Morocco and obtained a master’s degree in financial analysis from Rhode Island’s Johnson & Wales University. The SYG law states in part : Sec. Raymond , 23 Colo.

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Red states urge Supreme Court to block suits against big oil

SCOTUSBlog

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.) Ocean State Tactical, LLC v.

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