JonathanTurley

FEBRUARY 5, 2022

The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. The standard for defamation for public figures and officials in the United States is the product of a decision decades ago in New York Times v.

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Tort Drafting Court Court Rules 51

JonathanTurley

DECEMBER 8, 2022

Hdeel Abdelhady , who teaches part-time in the areas of international trade and Islamic law, sued the university for a variety of torts, including allegations that counsel for the university made overtures to an administrative judge about securing a federal judgeship. Id. ¶ 174. I d. ¶ 154.

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Laws Tort Litigating Litigation 31

Patently O

FEBRUARY 22, 2023

bankruptcy, class action, trademark, securities, and tort litigation, to the tune of $50 to $100 billion in investments annually. [10] Patent assertion finance today is a multibillion-dollar business. [2] 2] Virtually nonexistent in the patent space in the U.S.

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Litigation Litigating Court Finance 126

SCOTUSBlog

OCTOBER 13, 2022

United States , the 1950 Supreme Court case holding that the United States is not liable under the Federal Tort Claims Act for injuries sustained by members of the armed forces while on active duty and resulting from the negligence of others in the armed forces. United States. The case involves the so-called Feres doctrine, after Feres v.

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Tort Construction Court Felony 111

SCOTUSBlog

APRIL 17, 2025

Konan sued the USPS under the Federal Tort Claims Act, asserting claims under Texas law for nuisance, tortious interference, conversion, and intentional infliction of emotional distress. Relisted after the Jan. 28, March 7, March 21, March 28 and April 4 conferences.) Relisted after the Jan.

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Tort Court Litigating Litigation 102

ClimateChange-ClimateLaw

NOVEMBER 1, 2016

The appellate court also agreed with the court below that it was not appropriate to recognize a new tort of “intentional investment in abnormally dangerous activities” advocated by the plaintiffs on behalf of future generations.

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Litigation Litigating Attorney Court 40

JonathanTurley

OCTOBER 31, 2021

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. A tort action for intentional infliction of emotional distress is likely to fail. The next scary moment is likely to be in the form of a torts complaint.

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Tort Litigation Litigating Construction 48

JonathanTurley

OCTOBER 30, 2022

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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Tort Litigation Litigating Construction 46

SCOTUSBlog

MARCH 20, 2025

The court also denied the motion by Alabama and 18 other states to bring a case against California and four other states directly in the Supreme Court to block a series of lawsuits against fossil fuel producers, saying that those suits impermissibly sought to dictate interstate energy policy through the aggressive use of state-law tort suits.

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Court Attorney Tort Laws 97

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

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 130

The Crime Report

AUGUST 31, 2021

If these same claims are pleaded as a trafficking offense, the statute of limitations under Section 1595 is ten years compared to some intentional tort statutes of a year or less. 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

JonathanTurley

NOVEMBER 13, 2022

Swalwell is a lawyer with a degree from the University of Maryland Law School. American torts have long required consent in torts. ” These were curious analogies to draw since patients and clients are in charge of the key decisions in their surgeries and trials. Swalwell is missing is called informed consent.

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Legal Legal Education Tort 57

JonathanTurley

JUNE 16, 2021

However, this is now a defamation action which could present significant challenges based on the elements for the tort. The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. The only question is whether this is actionable as a matter of torts.

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Tort Felony Court Laws 56

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 42

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. Maryland and Napue v. ” (relisted after the Sept.

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Court Laws Tort Litigation 108

SCOTUSBlog

APRIL 29, 2021

Maryland , 20-101. (rescheduled before the Oct. 11 conferences; relisted after the Jan. 26, March 5, March 19, March 26, April 1, April 16 and April 23 conferences). United States , 20-559. Issues : (1) Whether Feres v.

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Tort Court Technology Laws 86

JonathanTurley

MAY 3, 2021

Maryland that a sheriff was not liable after allowing a gang to hold a man hostage over unpaid money; the court held that the sheriff owed his duty to the public rather than to individual citizens. This applies not just figuratively but literally to citizens held hostage due to the inaction of public officials.

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Government Court Rules Education Court 59

SCOTUSBlog

APRIL 21, 2025

Court of Appeals for the 5th Circuit ruled that the exception to the Federal Tort Claims Act for claims that arise out of the loss or miscarriage of letters or postal matter does not apply to claims that stem from a USPS employees intentional failure to deliver mail to a designated address. The court granted U.S. Postal Service v.

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Tort Court Government 104

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. Maryland and Napue v. The court finally denied review on Nov. 20 in six-time relist E.I. du Pont de Nemours & Co.

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Court Litigating Litigation Government 107

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 120

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.

Tort 58

Tort Litigation Litigating Construction 58

JonathanTurley

JANUARY 31, 2021

As someone who has taught defamation torts for thirty years, the Trump Administration has been a bonanza of such cases and controversies. Sullivan, the Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech. The Court in cases like New York Times v. In New York Times v.

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Tort Court Laws Court Rules 55

SCOTUSBlog

OCTOBER 11, 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. Maryland and Napue v. ” (relisted after the Sept. 26 and Oct.

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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

JonathanTurley

AUGUST 24, 2021

As a torts professor, it has been a bonanza for my students to see different issues raised in such cases involving public officials and public figures. The filings raise some interesting questions for tort actions between two public figures. We will be watching how the case unfolds in the Maryland courts.

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Tort Finance Court Court Rules 57

ClimateChange-ClimateLaw

OCTOBER 7, 2019

The court said the laws’ provision for criminal or tort liability for advising, encouraging, or soliciting persons participating in a riot to acts of force or violence was overbroad and vague. Maryland Appellate Court Said Residents Lacked Standing to Challenge Update to Master Plan. County of Butte v. C071785 (Cal.

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Court Statute Government Tort 40

SCOTUSBlog

JANUARY 16, 2025

The constitutionality of assault-weapons bans On Monday, the justices turned down a challenge to Marylands gun-licensing requirement. In 2020, a group of Maryland residents, gun-rights groups, and a firearms dealer sued to challenge the ban. A federal district court rejected this challenge, and the U.S. In Snope v. 10 conference.)

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Tort Statute Court Laws 108

JonathanTurley

NOVEMBER 21, 2024

According to Just the News, they included “a failed shotgun qualification test, a failed FBI background check for a weapon’s purchase, a 33-day suspension for a lost weapon and referral to Maryland state prosecutors for firing his gun at a stolen car fleeing his neighborhood.” Barry Loudermilk, R-Ga.,

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Government Laws Tort Criminal Law 87

JonathanTurley

MAY 23, 2021

” What is most interesting about this lawsuit is how it is arguably meritless under both tort and constitutional law. This is a classic example where opinion is protected under tort and constitutional law. The best argument against the use of the term is that it is inflammatory, not that there is no connection to China or Wuhan.

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Tort Lawyers Lawyer Constitutional Law 51

ClimateChange-ClimateLaw

JUNE 8, 2021

On May 28, the Maryland state court hearing Baltimore’s case stayed the proceedings pending the Fourth Circuit’ review of the defendants’ other grounds for appeal. Challenge to Biological Opinion for Oil and Gas Activity in Gulf of Mexico Will Remain in Maryland Federal Court. Justice Alito did not take part in the case. 19-1189 (U.S.

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Court Statute Government Litigating 45

ClimateChange-ClimateLaw

JULY 2, 2021

Anne Arundel County, Maryland filed a motion in federal court in Maryland to remand its case to state court. The MPF brought a tort case against de Rezende for causing the deforestation of 2,488.56 They requested a continuation of the stay, with a joint status report and proposal for next steps to be due by July 6. BP p.l.c. ,

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Court Litigating Litigation Statute 49

ClimateChange-ClimateLaw

APRIL 9, 2021

Maryland Appellate Court Allowed Redaction of Attorney General’s Application to Participate in Special Assistant AG Program. The amicus briefs were filed by American Petroleum Institute, National Association of Manufacturers, the Chamber of Congress of the United States of America, and 18 states, led by Indiana. City of Annapolis v.

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Court Statute Litigating Litigation 122