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No civil liability for sharing truthful information about matter of public concern.

Day on Torts

Plaintiffs next attempted to rely on a case from Washington to support the assertion that defendant’s distribution of the photos was outrageous. This case is an important read for anyone litigating a tort case involving a matter of public concern. Summary judgment was therefore affirmed.

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Too Clever By Half: Why Public Nuisance is Again at the Heart of a Public Health Debate

JonathanTurley

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.

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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. 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.

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The long conference’s relists

SCOTUSBlog

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. King sued them under the Federal Tort Claims Act and under Bivens v. du Pont de Nemours & Co.

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

JonathanTurley

The New York law focuses on an exception under the law if a company “knowingly violated a state or federal statute applicable to the sale or marketing” of firearms. Beretta , the Second Circuit left open what a “predicate statute” might look like for the exception, but it rejected the prior nuisance statute.

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This week’s relists: preemption of consumer protection laws, bankruptcy claims, COVID mandates and. Chevron deference again?

SCOTUSBlog

Yes, the statute really does have a full cite to the opinion in it. For insured claims, the insurer would have to seek the same information in litigation on a case-by-case basis. Nelson ,…517 U.S. The California state law at issue in Flagstar Bank v. Kivett , and the New York state law in Cantero v. Chevron deference? 26 and Oct.

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TURKEY TORTS (2020)

JonathanTurley

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.

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