Litigating Oklahoma Tort 
Patently O
FEBRUARY 22, 2023
Stroud is General Counsel at Unified Patents – an organization often adverse to litigation-funded entities. [1] litigation finance boom of the past 20 years—as has been widely reported, private equity now undergirds huge swaths of U.S. Guest post by Jonathan Stroud. Patent assertion finance today is a multibillion-dollar business. [2]
SCOTUSBlog
OCTOBER 5, 2023
King sued them under the Federal Tort Claims Act and under Bivens v. The district court then invoked nonmutual offensive collateral estoppel to preclude du Pont from disputing key issues involving duty, breach, and foreseeability in other cases in the multidistrict litigation. du Pont de Nemours & Co.
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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.
JonathanTurley
NOVEMBER 21, 2021
Below is my column in the Wall Street Journal on the ongoing opioid litigation and an important ruling out of the Oklahoma Supreme Court. ” 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.
SCOTUSBlog
OCTOBER 27, 2023
Brownback , 22-912 Issue : Whether the Federal Tort Claims Act’s judgment bar, which this court has repeatedly said functions in much the same way as the common-law doctrine of res judicata, nevertheless operates to bar claims brought together in the same action. ” (relisted after the Sept. 13 conferences) King v.
JonathanTurley
DECEMBER 23, 2021
Torts, which I have taught for three decades, often involve wrongful deaths where people are held civilly, not criminally liable. When a physician causes the death of a patient through malpractice or company causes the death of a consumer through a product defect, the injuries are generally addressed through tort, not criminal, liability.
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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