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Update: Upcoming Hearings on Motions to Dismiss Climate Change Nuisance Cases in California and New York

ClimateChange-ClimateLaw

Climate change nuisance litigation is entering a new and dynamic phase. Keenan of the Southern District of New York will hear oral argument on the motions to dismiss filed in City of New York v. By Michael Burger. Tomorrow, Thursday, May 24, Judge William H. BP P.L.C. , BP P.L.C. ,

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Justices order vigorous enforcement of choice-of-law clauses in maritime insurance contracts

SCOTUSBlog

To offer a bit of background, commercial contracts often include provisions that call for litigation in a particular forum (a forum-selection clause) and for the application of the law of a particular jurisdiction (a choice-of-law clause). The contract, like most American marine insurance contracts, called for the application of New York law.

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California Sued Over New “Deepfake” Law

JonathanTurley

” The legislators lifted the definition from New York Times v. Sullivan on defamation to define the element as the statute requires “malice.” Satire can sometimes be litigated as a matter of “false light,” but the standard can become blurred. In 1967, the Supreme Court handed down Time, Inc.

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The Illusion of Action: Cuomo’s New Gun Manufacturer Liability Law is a Colossal Misfire

JonathanTurley

Below is my column in the Hill newspaper on the declaration of a gun violence emergency by New York Gov. 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 has failed repeatedly in various states, including New York. Andrew Cuomo.

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The long conference’s relists

SCOTUSBlog

Vullo involves a lawsuit in which the NRA alleges that Maria Vullo, then the Superintendent of the New York State Department of Financial Services, violated its First Amendment rights by threatening its business partners to try to encourage them to disassociate from the NRA. New York and 335-7 LLC v. City of New York, NY.

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Australia’s statutist orthodoxy: High Court confirms the extraterritorial scope of the Australian Consumer Law in the Ruby Princess COVID-cruise case

Conflict of Laws

She asserted claims in tort and under the Australian Consumer Law ( ACL ) in schedule 2 to the Competition and Consumer Act 2010 (Cth) ( CCA ) against companies behind the ship: Carnival plc and its subsidiary, Princess Cruise Lines Ltd (together, Princess ). The decision is significant not just for the litigants.

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Spooky Torts: The 2022 List of Litigation Horrors

JonathanTurley

Here is my annual list of Halloween torts and crimes. Halloween has everything for a torts-filled holiday: battery, trespass, defamation, nuisance, product liability and more. However, my students and I often discuss the remarkably wide range of torts that comes with All Hallow’s Eve.

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