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. Maryland and Napue v. The Supreme Court did not grant review in any new cases since our last installment.

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Court Contract Statute Government 117

The Crime Report

AUGUST 31, 2021

Take, for example, the more than 100 cases filed nationally against brand hotelier franchisors beginning in late 2019, for alleged sex trafficking occurring on premise under the same statute. If a businesses was directly involved with trafficking, the insurance would likely deny the claim for coverage as an intentional tort.

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Statute Tort Litigating Litigation 132

SCOTUSBlog

OCTOBER 5, 2023

King sued them under the Federal Tort Claims Act and under Bivens v. 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.

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Tort Court Litigating Litigation 129

JonathanTurley

OCTOBER 13, 2021

Police in Montgomery County, Maryland are investigating a new “Castle Doctrine” case after Harry Trueman Powell, 34, was shot and killed by a homeowner. Since there is no report that Powell was armed, the case is likely to raise Maryland’s Castle Doctrine defense.

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Statute Laws Tort Criminal Law 43

SCOTUSBlog

APRIL 21, 2021

United States that the Federal Tort Claims Act, through which Congress generally waived the federal government’s sovereign immunity from tort liability, does not extend to service-members’ injuries that “arise out of or are in the course of activity incident” to a person’s active duty service in the military. Maryland , 20-101.

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Tort Court Government Entertainment 106

SCOTUSBlog

JANUARY 23, 2025

Brown , 24-203 Issue: Whether the Constitution permits Maryland to ban semiautomatic rifles that are in common use for lawful purposes, including the most popular rifle in America. Lewis , 24-473 Issue : Whether Maryland v. Relisted after the Jan. 10 and Jan. 17 conferences.) Relisted after the Jan. 10 and Jan. 17 conferences.)

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Court Tort Education Government 119

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

SCOTUSBlog

OCTOBER 11, 2023

Yes, the statute really does have a full cite to the opinion in it. 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.

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Laws Personal Injury Court Tort 97

ClimateChange-ClimateLaw

NOVEMBER 7, 2017

Department of Energy’s (DOE’s) authorization of liquefied natural gas (LNG) exports from three facilities in Louisiana, Maryland, and Texas. The court also dismissed defamation and related state tort claims. In an unpublished decision, the D.C. Circuit Court of Appeals upheld the U.S.

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Court Attorney Technology Assisted Review Legal 40

ClimateChange-ClimateLaw

OCTOBER 7, 2019

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. Maryland Appellate Court Said Residents Lacked Standing to Challenge Update to Master Plan. C071785 (Cal.

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Court Statute Government Tort 40

SCOTUSBlog

JANUARY 16, 2025

Court of Appeals for the 6th Circuit affirmed , holding that because a federal agency now has the final say over how the private horse-racing authority implements the federal statute, the amended law did not impermissibly delegate authority to a private entity. In a one-paragraph order, the justices granted the authoritys request.

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Tort Statute Court Laws 107

ClimateChange-ClimateLaw

JUNE 8, 2021

Supreme Court held that the Fourth Circuit Court of Appeals erred when it concluded that its review of the remand order in Baltimore’s climate change case against fossil fuel companies was limited to determining whether the defendants properly removed the case under the federal officer removal statute. 19-1189 (U.S.

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Court Statute Government Litigating 45

ClimateChange-ClimateLaw

JULY 2, 2021

The Court held that the provision used “extension” in its “temporal sense,” but that the statute did not impose a “continuity requirement” and instead allowed small refineries to apply for hardship extensions “at any time.” In re Enbridge Energy, LP , Nos.

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Court Litigating Litigation Statute 49

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. Maryland Appellate Court Allowed Redaction of Attorney General’s Application to Participate in Special Assistant AG Program.

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Court Statute Litigating Litigation 122