The Crime Report

JUNE 27, 2022

For the sake of civilian safety, police must intervene if they see misconduct by colleagues,, according to a forthcoming paper in the George Washington Law Review. Kaufman writes that Congress and state legislatures should enact criminal laws mandating a “duty to intervene” in their colleagues’ misuse of force.

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Criminal Law Tort Legal Legal 105

JURIST

OCTOBER 4, 2022

The court is asked to consider whether an unnamed law firm specializing in international tax was allowed to withhold documents in a grand jury proceeding on the basis of attorney-client privilege. Glacier brought a tort claim against the Teamsters for the loss of concrete. In Glacier Northwest v.

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Court Immigration Tort Law Firm 118

The Crime Report

FEBRUARY 2, 2022

The nation’s three major drug distributors and Johnson & Johnson have agreed to settle opioid claims for up to $665 million with Native American tribes who have claimed they were harmed by decades of exposure to highly addictive painkillers, reports the Washington Post. . About 15 percent of funds will go toward attorneys’ fees.

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Litigating Litigation Tort Attorney 97

SCOTUSBlog

OCTOBER 30, 2023

The Federal Tort Claims Act is a 1946 law that allows private individuals to sue the United States for the negligent or wrongful acts of federal employees. In an appropriate future case,” Sotomayor concluded, “this Court should decide this issue.” The justices will meet again for another private conference on Friday, Nov.

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Tort Court Laws 116

Day on Torts

JULY 26, 2022

Plaintiffs next attempted to rely on a case from Washington to support the assertion that defendant’s distribution of the photos was outrageous. The Court quickly pointed out, however, that this case was not controlling law in Tennessee and that it was factually distinguishable from the case at hand. This is new law in Tennessee.

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Tort Attorney Court Statute 59

JonathanTurley

OCTOBER 19, 2021

Generally there is no duty to rescue or to call police under the common law. For example, Washington state allows for the charging of a misdemeanor. The law covers violent crimes, sexual assault, and assault of a child. I am unaware of such a law in Pennsylvania, but these laws are rarely enforced. French, 104 Pa.

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Tort Misdemeanor Legal Legal 57

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 130

JonathanTurley

NOVEMBER 11, 2022

Yesterday, I co-taught my torts class with leading authority Luna Turley, Professor of Animal Welfare (PAW). Professor Luna has spent her life working on animal liability questions and taught both my day and evening classes on the common law rules governing dogs and other animals. Professor Luna with her evening class.

Tort 31

Tort Government Laws 31

The Crime Report

JULY 7, 2022

Covering wage and hour claims is novel among state NDA restrictions and the language about public policy mandates appears to be aimed at a tort claim that’s available for wrongful termination under Washington law.

Tort 45

Tort Contract Laws 45

Conflict of Laws

OCTOBER 9, 2021

UN Sustainable Development Goals 2030and the Role of Private International Law. September 9-11, 2021, Hamburg, Germany, Max Planck Institute for Comparative and Private International Law. In Public Law, including International Law, SGDs have already established themselves as a subject of research.

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Laws Education Legal Legal 75

SCOTUSBlog

FEBRUARY 18, 2022

Usoyan raises a question under the Foreign Sovereign Immunities Act in a case following a violent clash outside the Turkish ambassador’s residence in Washington, D.C, Among its arguments in its petition , Turkey suggests that other countries might reciprocally abrogate sovereign immunity for American security forces facing tort claims abroad.

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Tort Court Technology Laws 101

JonathanTurley

JULY 12, 2021

The centerpiece of Cuomo’s plan is a new law to allow victims of gun violence to sue gun manufacturers under a nuisance theory. It is doubtful that Cuomo truly believes that the law will make a significant, if any, impact on gun violence. The new law is written to get around a federal ban on such lawsuits. Of the $138.7

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Manufacturing Laws Litigating Litigation 58

JonathanTurley

NOVEMBER 20, 2023

Law schools are also facing controversial mandates. In 2022, the American Bar Association required law schools to “provide education to law students on bias, cross-cultural competency, and racism: (1) at the start of the program of legal education, and (2) at least once again before graduation.” He later apologized.

Law School 71

Law School Education Tort Laws 71

JonathanTurley

NOVEMBER 21, 2021

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.

Tort 45

Tort Litigating Litigation Manufacturing 45

JonathanTurley

DECEMBER 8, 2022

There is an interesting case this week involving an adjunct professor at George Washington Law School, where I teach. Her claims were dismissed by Judge Trevoer McFadden who found that they were foreclosed by worker’s compensation as well as failing to state a claim on various torts. George Washington Univ.,

Laws 31

Laws Tort Litigating Litigation 31

ClimateChange-ClimateLaw

MAY 23, 2018

a consolidated case in which Oakland and San Francisco claim that five fossil fuel companies’ production and promotion of fossil fuels constitutes a public nuisance under federal and California common law. BP P.L.C. , Three weeks later, on June 13, Judge John F. BP P.L.C. , A motion for remand has been briefed.

Litigating 52

Litigating Litigation Tort Cause of Action 52

LawSites

JULY 7, 2022

Is the judge influenced by the prestige of the firm, the law schools of the lawyers, their political affiliations, or the nature of the company? Rabinowitz is a lawyer who practiced as an associate in Sidley LLP’s Supreme Court & Appellate and Mass Tort Litigation groups. Later, he served as a trial attorney for the U.S.

Litigating 98

Litigating Litigation Attorney Law School 98

JonathanTurley

OCTOBER 30, 2024

This year, it is already producing its share of spooky torts. As a torts professor, I try to walk the line between a fun attraction and an attractive nuisance. Jonathan Turley is the Shapiro Professor of Public Interest Law at George Washington University and the author of “ The Indispensable Right: Free Speech in an Age of Rage.”

Personal Injury 39

Personal Injury Tort Personal Injury Lawyer Lawyers 39

JonathanTurley

NOVEMBER 28, 2022

He was charged with (and later acquitted of) a felony under an Ohio law prohibiting the use of a computer to “disrupt” or “interrupt” police functions. Parody and satire also face threats from other legal actions, particularly tort actions over the appropriation of names or likenesses (called the right to publicity).

Court 56

Court Tort Felony Litigating 56

Patently O

FEBRUARY 22, 2023

1] He is also an adjunct professor at American University Washington College of Law. bankruptcy, class action, trademark, securities, and tort litigation, to the tune of $50 to $100 billion in investments annually. [10] Stroud is General Counsel at Unified Patents – an organization often adverse to litigation-funded entities. [1]

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Litigating Litigation Court Finance 126

JonathanTurley

DECEMBER 18, 2021

Sandmann previously settled with the Washington Post and CNN. We previously discussed one segment involving “Above the Law” writer Joe Patrice in his interview with The Nation’s Elie Mystal, In the interview, Mystal, the Executive Editor of “Above the Law”, attacked this 16 year old boy as a racist.

Litigating 59

Litigating Litigation Lawyers Lawyer 59

Broadcast Law Blog

NOVEMBER 11, 2015

Rachel Wolkowitz (see her bio here ), one of the attorneys following these issues for our law firm Wilkinson Barker Knauer LLP in Washington, DC, offers these broad observations on how drones can be used for newsgathering under current FAA rules, and offers some cautions for both current and future use.

Legal 40

Legal Legal Tort Technology 40

JonathanTurley

OCTOBER 9, 2024

California law applied in the case and the court focused on two opinions that held that claims of racism can be statements of fact. Two recent decisions applying California law, Overhill Farms, Inc. ” The opinion turned on whether this could be treated as opinion as opposed to a statement of fact. Lopez (Cal. Reid (2d Cir.

Immigration 71

Immigration Court Construction Tort 71

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.

Litigating 40

Litigating Litigation Attorney Court 40

JonathanTurley

APRIL 25, 2022

Depp must show that Heard’s 2018 Washington Post op-ed , alleging that she was a victim of abuse, defamed him to the tune of $50 million. Jonathan Turley is the Shapiro Professor of Public Interest Law at George Washington University. For the record, this is supposed to be a defamation case. Give nothing back.”.

Litigating 39

Litigating Litigation Divorce Legal 39

SCOTUSBlog

JANUARY 6, 2023

That is why the Supreme Court’s decision to review a basic feature of how the law may or may not interfere in work stoppages is noteworthy. Glacier asked a Washington state court to make the Teamsters pay for damage that happened when cement hardened after the strike began. The case, Glacier Northwest v. In San Diego Building Trades v.

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Tort Government Court Litigating 137

SCOTUSBlog

MARCH 1, 2022

citizen who owns and runs the Smuggler’s Inn, a bed-and-breakfast abutting the Canadian border in Blaine, Washington. Blaine, Washington (Arkyan via Wikipedia). Boule told Egbert of a guest who had flown from Turkey to New York the previous day and was flying to Washington and driving to the inn. Robert Boule is a U.S.

Cause of Action 109

Cause of Action Immigration Tort Government 109

SCOTUSBlog

APRIL 15, 2023

This week, we highlight cert petitions that ask the court to consider, among other things, whether a Washington state law that bars licensed therapists from practicing conversion therapy on children violates the First Amendment. Nineteen other states and the District of Columbia have similar laws. But the 9th Circuit disagreed.

Cause of Action 72

Cause of Action Tort Court Laws 72

JonathanTurley

NOVEMBER 28, 2024

Washington Post columnist and MSNBC contributor Jen Rubin even posted that “The Maga squirrel deserved to die.” To protect such families in the future, a new law called the P’Nut Law has been introduced. Peanut even appeared in my torts class this term, posthumously, of course. Some defended the action.

Tort 61

Tort Government Constitutional Law Statute 61

SCOTUSBlog

FEBRUARY 23, 2024

It finally denied review in the two cases challenging New York rent stabilization laws as a taking, which had been relisted 11 times since the court’s end-of-summer long conference. The court also took action in a pair of recently relisted cases involving the lawfulness of a Washington state electoral district. Until next time!

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Tort Court Diligence Laws 129

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. ” (relisted after the Sept.

Court 118

Court Contract Statute Government 118

JonathanTurley

DECEMBER 1, 2024

If true, this would seem a major story in using criminal laws to police parodies. The impact of these laws was evident in a recent poll of German citizens. While this may seem biased in favor of our common law system, the controversy over his meme shows why (in my view) such systems are better suited for resolving such controversies.

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Government Criminal Law Laws Court 70

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 Litigating 105

SCOTUSBlog

JULY 1, 2021

Washington , 19-333 , involves whether a state can compel a floral designer to arrange flowers to celebrate same-sex weddings. Washington , 19-333. Arlene’s Flowers Inc. Dignity Health, Inc. We finish with good old private litigation. CVS Pharmacy Inc. Disclosure : Goldstein & Russell, P.C., Have a good summer, and stay safe !

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Compensatory Damages Government Court Cause of Action 102

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.

Government 59

Government Court Rules Education Court 59

JonathanTurley

MARCH 30, 2021

In the prior column , I noted that under tort law a dog is afforded (at most) “one free bite” before strict liability applies. ” The “one free bite rule” is a commonly misunderstood torts doctrine — suggesting that you are not subject to strict liability until after the first time your dog bites someone.

Tort 58

Tort Personal Injury Construction Government 58

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 Litigating Litigation Government 105