Conflict of Laws

OCTOBER 23, 2023

Statute has left little of the common law untouched. The Interaction between a Mandatory Law and an Exclusive Jurisdiction Clause Statutes generally fall into one of three categories (see Maria Hook, ‘The “Statutist Trap” and Subject-Matter Jurisdiction’ (2017) 13(2) Journal of Private International Law 435).

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JonathanTurley

OCTOBER 10, 2022

A tragedy in North Carolina could present rather difficult torts questions in a wrongful death case for a grieving family. There is also the potential liability of the GPS system, though it is unclear whether he was using an App like Google Maps or a car manufacturer’s system. In all likelihood, it was a phone-based app.

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The IP Law Blog

MARCH 2, 2021

es the threat posed to companies that rely on third-party manufacturers. Considering the importance of Chinese manufacturing to global trade, the Chinese legal system and its evolving trademark enforcement system will likely cause companies to get creative. 7 While the statute makes willfulness a prerequisite to a pro?ts

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Manufacturing Mens Rea Contract Tort 52

SCOTUSBlog

MAY 3, 2021

United States that although Congress generally waived the government’s immunity in the Federal Tort Claims Act, members of the armed forces cannot sue the federal government for injuries sustained on active duty. The second case, American Axle & Manufacturing Inc. E.M.D.H. ,

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JonathanTurley

OCTOBER 30, 2023

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. In another June 2023 decision in Munoz v.

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Tort Litigation Litigating Construction 58

JonathanTurley

OCTOBER 27, 2024

However, as a torts professor, there is a question of whether the tort element of proximate cause could be materially changed in the case. Torts professors are already lining up to argue that there is a proximate cause under existing doctrines to hold the firearms industry. I respectfully disagree.

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SCOTUSBlog

OCTOBER 16, 2024

But the companies that manufacture the product told the justices on Tuesday that because Horn’s injuries were personal, rather than harm to his business or property, they did not fall under the Racketeer Influenced and Corrupt Organizations Act. Horn’s economic losses, she argued, are the “damages he sustain[ed]” because of that injury.

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Personal Injury Court Personal Injury Lawyer Tort 123

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. She also threatened another woman with a carving knife.

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ClimateChange-ClimateLaw

OCTOBER 7, 2019

American Fuel & Petrochemical Manufacturers v. The federal district court for the District of South Dakota temporarily enjoined enforcement of provisions of a riot boosting statute enacted in South Dakota in 2019 in response to anticipated protests of the Keystone XL pipeline. EPA remanded the standards but did not vacate the rule.

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Court Statute Government Tort 40

JonathanTurley

DECEMBER 19, 2021

An example is the recent New York public nuisance law seeking to make gun manufacturers liable for gun crime. 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.

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Manufacturing Laws Litigation Litigating 38

ClimateChange-ClimateLaw

NOVEMBER 7, 2017

Circuit Court of Appeals granted a motion by a truck trailer manufacturers trade group to stay the final rule adopted by the U.S. Truck Trailer Manufacturers Association, Inc. The court also dismissed defamation and related state tort claims. Department of Energy , Nos. 16-1186, 16-1252, 16-1253 (D.C. 16-1430 (D.C.

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ClimateChange-ClimateLaw

FEBRUARY 10, 2020

In a separate order, the court granted the motions of states and American Fuel & Petrochemical Manufacturers to intervene in support of the respondents. The district court scheduled a hearing for April 16, 2020 to consider the defendants’ motion to dismiss or transfer those cases. Union of Concerned Scientists v. 19-1230 et al.

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ClimateChange-ClimateLaw

APRIL 9, 2021

In Minnesota, the district court granted the State of Minnesota’s motion to remand its case, which asserts state law claims under common law and consumer protection statutes. s consumer protection statute. On March 26, 2021, the court denied Exxon’s emergency motion for a temporary stay of the remand order.

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