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. Yet the torts system has an elaborate and well-functioning system of product liability. In the opioid litigation, the companies were producing a lawful, nondefective product.

Tort 40

Tort Litigating Litigation Manufacturing 40

ClimateChange-ClimateLaw

MAY 23, 2018

Climate change nuisance litigation is entering a new and dynamic phase. The decisions on these motions could influence pending and future litigation in the same vein – lawsuits seeking damages, compensation or abatement funds to alleviate the costs borne by local governments to adapt to climate change impacts. By Michael Burger.

Litigating 52

Litigating Litigation Tort Cause of Action 52

JonathanTurley

APRIL 21, 2022

The defense continues to hammer Depp on the fact that he was not actually mentioned in the Washington Post column where Heard claimed that she was an abused spouse. That did not come until years later with the Washington Post column. It is a curious tact since that is not necessary for defamation.

Litigating 39

Litigating Litigation Depositions Court 39

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 36

Litigating Litigation Divorce Legal 36

JonathanTurley

JULY 12, 2021

For decades, states and cities have tried to curtail gun sales through nuisance litigation; they have uniformly failed because the effort is transparently an effort to achieve gun control through litigation. The question is whether New York officials will keep this renewed pledge to litigate the law all the way to the Supreme Court.

Manufacturing 56

Manufacturing Laws Litigating Litigation 56

JonathanTurley

NOVEMBER 28, 2022

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). Past tort cases generally have favored celebrities and resulted in rulings like White v. Follow him on Twitter @JonathanTurley.

Court 52

Court Tort Felony Litigation 52

JonathanTurley

DECEMBER 18, 2021

Sandmann previously settled with the Washington Post and CNN. The slogan “Our Pride is Showing” took on a more menacing meaning over years of protracted litigation (and the denial of motions to dismiss). He has now settled his $275 million defamation lawsuit against NBC.

Litigating 59

Litigating Litigation Lawyer Lawyers 59

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

Conflict of Laws

OCTOBER 9, 2021

In her presentation, she focused on tort law. Finally, the organizers were able to secure Anita Ramasastry , University of Washington, Member of the U.N. Ultimately, however, the problems associated with achieving SDG 6 were too complex and multifaceted to be solved by the traditional methods of PIL and adversarial litigation (alone).

Laws 75

Laws Education Legal Legal 75

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 136

Tort Government Court Litigating 136

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 108

Cause of Action Immigration Tort Government 108

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. Obviously, the cost of litigation is unlikely to be small peanuts. Some defended the action.

Tort 58

Tort Government Constitutional Law Statute 58

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.

Tort 127

Tort Court Diligence Laws 127

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. Jones , 22-982 Issue : Whether the U.S.

Court 116

Court Contract Statute Government 116

SCOTUSBlog

JULY 1, 2021

Washington , 19-333 , involves whether a state can compel a floral designer to arrange flowers to celebrate same-sex weddings. In government-facing litigation, the government’s petition in Becerra v. We finish with good old private litigation. Washington , 19-333. Arlene’s Flowers Inc. Dignity Health, Inc. New Relists.

Compensatory Damages 101

Compensatory Damages Government Court Cause of Action 101

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.

Court 103

Court Laws Tort Litigating 103

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.

Court 103

Court Litigating Litigation Government 103

Constitutional Law Reporter

JUNE 17, 2022

Respondent Robert Boule owns a bed-and-breakfast—the Smuggler’s Inn—in Blaine, Washington. Boule filed a grievance with Agent Egbert’s supervisors and an ad- ministrative claim with Border Patrol pursuant to the Federal Tort Claims Act (FTCA). Facts of the Case. Anderson v. Creighton , 483 U.S. 635 (1987).

Cause of Action 52

Cause of Action Court Tort Immigration 52

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 106

Contract Government Statute Construction 106

JonathanTurley

APRIL 14, 2022

Depp and Heard were married for just over a year but have already spent three times than that in litigation. 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. ” He is now trying his hand with a Virginia jury.

Litigating 44

Litigating Litigation Legal Legal 44

SCOTUSBlog

OCTOBER 11, 2023

For insured claims, the insurer would have to seek the same information in litigation on a case-by-case basis. The solicitor general notes other instances where Munsingwear vacatur was permitted after the executive ceased certain contested policies for reasons “ undertaken in good faith and for reasons unrelated to litigation.”

Laws 95

Laws Court Personal Injury Tort 95

JonathanTurley

NOVEMBER 15, 2022

American torts have long required consent in medical torts. This right of consent is ongoing and can be exercised at any point in the litigation. Jonathan Turley is the Shapiro professor of public interest law at George Washington University and a practicing criminal defense attorney. Patients and medical consent.

Legal 53

Legal Legal Education Tort 53

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). Tort liability does not simply make victims whole but encourages others to take precautions.

Court 48

Court Tort Litigation Litigating 48

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). Indeed, the torts and crimes recorded this year seem painfully reminiscent of this loathsome year. The result is a horn of plenty for litigators.

Tort 37

Tort Statute Criminal Law Court 37

JonathanTurley

SEPTEMBER 22, 2022

The undocumented migrants who were transferred to Martha’s Vineyard have quickly adopted one common American practice: litigation. Indeed, I teach in torts where an immigrant to the United States filed a tort action for an involuntary inoculation upon entry in O’Brien v. YouTube screengrab. DeSantis.

Tort 57

Tort Immigration Litigating Litigation 57

ClimateChange-ClimateLaw

OCTOBER 7, 2019

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. climate litigation charts. Washington High Court Declined to Review Decision Giving Pipeline Protester Right to Present Necessity Defense. and non-U.S.

Court 40

Court Statute Government Tort 40

Conflict of Laws

FEBRUARY 29, 2024

A Washington state court interpreted an Irish forum selection clause to require dismissal of statutory claims against Microsoft despite the facts that Microsoft was not party to the agreement and the clause arguably did not cover statutory claims.

Laws 75

Laws Court Divorce Tort 75

JonathanTurley

JANUARY 26, 2024

The Washington Post reported that the discussion included targeting or threatening critics with defamation lawsuits. The third provision refers to advancing the costs of the litigation to the extent that they are contingent on “the outcome of the matter.”

Lawyer 73

Lawyer Lawyers Litigating Litigation 73

JonathanTurley

DECEMBER 19, 2021

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. New York leaders had forced costly litigation only to pull the law at the last minute to avoid a likely finding of unconstitutionality.

Manufacturing 36

Manufacturing Laws Litigating Litigation 36

LawSites

DECEMBER 4, 2023

VoiceScript Ai.Law Elevator Pitch: Provides AI-generated litigation documents, from pleadings to discovery. We are the first AI-driven platform to focus specifically on drafting litigation documents. The substantial amount of time lawyers spend drafting documents during litigation. What makes you unique or innovative?

Document Review 135

Document Review Court Reporting Metadata Court Reporter 135

JonathanTurley

SEPTEMBER 10, 2023

Filings in the Delaware Supreme Court this week were made public in the litigation involving Mac Isaac, the owner of the computer repair shop where Hunter Biden abandoned his now infamous laptop. The Biden team wants, in my opinion, to grind Isaac and delay the litigation as much as possible.

Litigating 80

Litigating Litigation Court Tort 80

JonathanTurley

JANUARY 24, 2022

The latest Baldwin litigation involves the family of a U.S. However, Roice later shared a photo on Instagram of herself at the Washington Monument, participating in the Jan. The Washington Post once ran a column about the difficulty of knowing if controversial lines were uttered by Trump or by Baldwin portraying Trump.

Legal 46

Legal Legal Litigation Litigating 46

JonathanTurley

AUGUST 23, 2023

However, Roice later shared a photo on Instagram of herself at the Washington Monument, participating in the Jan. T]he Court concludes that Roice fails to allege that the post contains any false information: she admits that she was present at the demonstration in Washington, D.C. That should have been the end of a nice story.

Tort 44

Tort Litigating Litigation Court 44

JonathanTurley

JANUARY 19, 2022

That included a column by Washington Post’s Ruth Marcus asking “ Why is a prominent federal judge hiring a law clerk who said she hates Black people ?” Those earlier sources relied upon by sites like Mediaite could find themselves the subject of discovery if this now goes to litigation. 157, 168 (1979).

Laws 30

Laws Tort Court Diligence 30

ClimateChange-ClimateLaw

NOVEMBER 7, 2017

Each month, Arnold & Porter Kaye Scholer LLP (APKS) and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. The court also dismissed defamation and related state tort claims. and non-U.S. 349-6-16WNCV (Vt.

Court 40

Court Attorney Technology Assisted Review Legal 40

ClimateChange-ClimateLaw

NOVEMBER 16, 2020

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. climate litigation charts. Supreme Court Invited Solicitor General to Weigh in on Wyoming and Montana’s Case Against Washington for Denying Port Access for Coal.

Cause of Action 96

Cause of Action Court Government Litigating 96

ClimateChange-ClimateLaw

FEBRUARY 10, 2020

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. climate litigation charts. Washington Supreme Court Invalidated Regulation of Indirect Greenhouse Gas Emissions. Association of Washington Business v.

Court Reporting 40

Court Reporting Court Government Construction 40