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. Without more, this activity cannot be deemed ‘outrageous’ in the legal sense. This case is an important read for anyone litigating a tort case involving a matter of public concern.

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Tort Attorney Court Statute 59

JonathanTurley

OCTOBER 19, 2021

For example, Washington state allows for the charging of a misdemeanor. We also discussed a torts case involving a delay in calling police, but that case involved people who were deemed partially responsible for a death. In torts, there is no duty to rescue rule. Cf: Restatement, Torts, § 322. French, 104 Pa.

Tort 57

Tort Misdemeanor Legal Legal 57

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

NOVEMBER 20, 2023

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.” I also teach critical race theory, alongside other legal theories to my first-year torts students.

Law School 71

Law School Education Tort Laws 71

JonathanTurley

NOVEMBER 21, 2021

” The Oklahoma Supreme Court last week struck down a $465 million opioid award against Johnson & Johnson based on a legal theory that has previously been tried and failed against guns. Judge Polster pushed drug makers to settle before clearly establishing legal liability. Yet it leaves the matter far from resolved.

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Tort Litigation Litigating Manufacturing 45

JonathanTurley

NOVEMBER 28, 2022

It was a tour-de-force on the value of satire to make profound legal and political points. 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). Image from Supreme Court Petition.

Court 56

Court Tort Felony Litigation 56

ClimateChange-ClimateLaw

MAY 23, 2018

There are eight other climate change tort cases pending: six alleging nuisance and a variety of other state common law violations in California courts, one claiming state public nuisance along with other state common law and statutory violations in Colorado, and one claiming state public nuisance and trespass in Washington.

Litigation 52

Litigation Litigating Tort Cause of Action 52

LawSites

JULY 7, 2022

Rabinowitz is a lawyer who practiced as an associate in Sidley LLP’s Supreme Court & Appellate and Mass Tort Litigation groups. Department of Justice; the general counsel to a Washington, D.C. Later, he served as a trial attorney for the U.S.

Litigation 98

Litigation Litigating Attorney Law School 98

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., Howard Univ.,

Laws 31

Laws Tort Litigation Litigating 31

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] Guest post by Jonathan Stroud. Patent assertion finance today is a multibillion-dollar business. [2]

Litigation 126

Litigation Litigating Court Finance 126

Conflict of Laws

OCTOBER 9, 2021

Workers’ rights should be placed at the center, and laws as well as legal practices should also be evaluated from this point of view. In her presentation, she focused on tort law. Criticism was voiced that the right of choice would create too much legal uncertainty for companies.

Laws 75

Laws Education Legal Legal 75

JonathanTurley

OCTOBER 9, 2024

In addition to alienating much of their markets with echo journalism, these outlets are now facing mounting legal costs due to attack pieces like this one. 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.”

Immigration 71

Immigration Court Construction Tort 71

JonathanTurley

APRIL 25, 2022

This case appears just another indulgence — more recreational than legal — for two celebrities who seem to enjoy having their hired legal hands take hatchets to each other. 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.

Litigation 39

Litigation Litigating Divorce Legal 39

Conflict of Laws

MARCH 18, 2025

Dodge (George Washington University Law School) and first published on Transnational Litigation Blog. The original complaint asserted four claims under Missouri tort law: (1) public nuisance, (2) abnormally dangerous activity, (3) breach of duty by allowing the transmission of COVID, and (4) breach of duty by hoarding PPE.

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ClimateChange-ClimateLaw

NOVEMBER 1, 2016

The appellate court also agreed with the court below that it was not appropriate to recognize a new tort of “intentional investment in abnormally dangerous activities” advocated by the plaintiffs on behalf of future generations. Business Groups Said Washington Greenhouse Gas Regulations Exceeded Statutory Authority, Violated State Laws.

Litigation 40

Litigation Litigating Attorney Court 40

SCOTUSBlog

JANUARY 6, 2023

Glacier asked a Washington state court to make the Teamsters pay for damage that happened when cement hardened after the strike began. The Washington Supreme Court dismissed the case, finding that it wasn’t appropriate to apply state tort law to a labor dispute covered by a federal law, the National Labor Relations Act.

Tort 138

Tort Government Court Litigation 138

JonathanTurley

NOVEMBER 28, 2024

Washington Post columnist and MSNBC contributor Jen Rubin even posted that “The Maga squirrel deserved to die.” Peanut even appeared in my torts class this term, posthumously, of course. ” I appreciate the effort, but Marino has what Peanut would call a tough nut to crack legally. Some defended the action.

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Tort Government Constitutional Law Statute 61

SCOTUSBlog

FEBRUARY 23, 2024

The court also took action in a pair of recently relisted cases involving the lawfulness of a Washington state electoral district. The 4th Circuit’s reasoning, he said, “is a virus that may spread if not promptly eliminated.” The court denied Trevino v. Palmer without comment. Tune in next week when I’m proven wrong. Until next time!

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Tort Court Diligence Laws 129

JonathanTurley

DECEMBER 1, 2024

Germany imposed a legal regime that would allow fining social networks such as Facebook up to 500,000 euros ($522,000) for each day the platform leaves a “fake news” story up without deleting it. We discussed how Germany is extending its criminalization of speech to the Internet.

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Government Criminal Law Laws Court 70

JonathanTurley

MARCH 30, 2021

I previously wrote about the historical and legal perspectives of a biting incident involving one of the presidential pets, Major. In the prior column , I noted that under tort law a dog is afforded (at most) “one free bite” before strict liability applies. Washington, D.C. They were then quietly brought back.

Tort 58

Tort Personal Injury Construction Government 58

JonathanTurley

MAY 3, 2021

At the time, I wrote that if someone sued over the resulting mayhem, Durkan and Seattle could find themselves clinging to the very legal doctrine they denounced in police brutality cases: immunity. Jonathan Turley is the Shapiro Professor of Public Interest Law at George Washington University.

Government 59

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. There, a judge held that chemical giant du Pont was bound by legal determinations made in three trials involving the discharge of acid into the Ohio River.

Court 104

Court Litigation Litigating Government 104

JonathanTurley

JANUARY 29, 2024

Below is my column in The Hill on the legal and legislative actions taken with regard to increasing numbers of robotic “companions” around the world. With the rise in such sales, the number of legal and legislative actions are rising as well. The legal problems are magnified in broader efforts to ban sex dolls and bots.

Technology 54

Technology Legal Legal Contract 54

SCOTUSBlog

APRIL 15, 2022

Washington. Without this extension of coverage, the workers might be left without such protection and be forced to rely on a long, expensive civil tort case to obtain a remedy for workplace injury or disease. Washington implicitly contemplates such situations. Washington asserts this argument is overblown.

Contract 107

Contract Government Statute Construction 107

JonathanTurley

NOVEMBER 15, 2022

We discussed the tweet earlier and how it makes a curious argument based on legal and medical standards for clients and patients. American torts have long required consent in medical torts. Clients and legal consent. Swalwell’s interpretation could constitute both medical and legal malpractice.

Legal 56

Legal Legal Education Tort 56

JonathanTurley

APRIL 14, 2022

Depp is suing Heard for $50 million based largely on an 2018 Washington Post opinion piece where she described herself a survivor of domestic and sexual violence. It is a curious defense because it is not a legal defense. He still lost and the judge declared that the Sun published was “substantially true.”

Litigation 49

Litigation Litigating Legal Legal 49

SCOTUSBlog

OCTOBER 11, 2023

It then concluded with respect to the Hymes/Harwayne-Gidansky suit that the Dodd-Frank language quoted above simply codified the pre-existing legal standard and held their claims preempted. Nelson ,…517 U.S. Yes, the statute really does have a full cite to the opinion in it. The California state law at issue in Flagstar Bank v. 26 and Oct.

Laws 97

Laws Court Personal Injury Tort 97

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). The West Point case shows the legal lunacy and lethality of this doctrine.

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Court Tort Litigation Litigating 53

JURIST

JANUARY 10, 2023

The United States Supreme Court Tuesday heard oral arguments in a case that will decide whether the National Labor Relations Board or state courts should handle tort claims arising from strike action. The court’s forthcoming decision in Glacier Northwest v.

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Court Law Firms Law Firm Tort 222

JonathanTurley

NOVEMBER 27, 2020

In celebration of Thanksgiving, I give you our annual Turkey Torts of civil and criminal cases that add liability to libations on this special day (with past cases at the bottom). In 2020, the cancelation of parades and the reduction of travel has led to a very different legal profile of holiday mishaps and malfeasance.

Tort 40

Tort Statute Criminal Law Court 40

JURIST

MARCH 4, 2021

In the new suit, filed in Washington state court, Parler claims Amazon illegally breached their contract when they ended their removed Parler because of allegations Amazon knew to be false. The suit alleges 15 different counts of contract, tort and unfair competition violations.

Contract 151

Contract Tort Legal Legal 151

JonathanTurley

SEPTEMBER 22, 2022

” The filing is a Jackson Pollock of legal claims with twelve claims thrown against Florida from false imprisonment to intentional infliction of emotional distress to misuse of the Coronavirus State Fiscal Recovery Fund. The most serious allegation is that Florida officials “told them they were flying to Boston or Washington, D.C.,

Tort 59

Tort Immigration Litigation Litigating 59

JonathanTurley

FEBRUARY 19, 2022

Rakoff came up with a curious legal version of a palindrome in the defamation trial of former Alaska governor and vice presidential candidate Sarah Palin v. Jonathan Turley is the Shapiro Professor of Public Interest Law at George Washington University. Here is the column: In a trial in New York, federal judge Jed S.

Freelance 49

Freelance Court Legal Legal 49

ClimateChange-ClimateLaw

OCTOBER 7, 2019

The court said the laws’ provision for criminal or tort liability for advising, encouraging, or soliciting persons participating in a riot to acts of force or violence was overbroad and vague. Washington High Court Declined to Review Decision Giving Pipeline Protester Right to Present Necessity Defense. 97182-0 (Wash.

Court 40

Court Statute Government Tort 40

JonathanTurley

JANUARY 26, 2024

Putting the personal invectives aside, Sullivan did offer a couple of details on the possible defense of Morris in a pending ethics complaint brought by a conservative legal group. The Washington Post reported that the discussion included targeting or threatening critics with defamation lawsuits. You had legal counsel as well.

Lawyer 78

Lawyer Lawyers Litigation Litigating 78

JonathanTurley

DECEMBER 19, 2021

The reason is that these legislative measure are propelled by political rather than legal judgment. I’ve discussed the New York public nuisance law aimed at gun manufacturers, a law that doubles down on a failed legal theory using torts as a substitute for direct legislative bans or barriers.

Manufacturing 40

Manufacturing Laws Litigation Litigating 40

LawSites

DECEMBER 4, 2023

Help pick the 15 legal tech startups that will get to compete at the eighth-annual Startup Alley at ABA TECHSHOW 2024. It also improves access to justice for society as lawyers can handle more cases, as well as remove some bias from the legal system through fact-first drafting. Voting is now open! 14-17, 2024, in Chicago.

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