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.

Tort 36

Tort Litigation Litigating Manufacturing 36

ClimateChange-ClimateLaw

MARCH 14, 2024

In the first months of 2024, legislators in four states— Maryland , Massachusetts , New York , and Vermont —have pushed for legislation that would collectively require large fossil fuel producers and refiners to pay for hundreds of billions of dollars of state-level climate adaptation infrastructure.

Statute 58

Statute Government Court Laws 58

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 Litigation Litigating 132

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.

Tort 43

Tort Finance Court Court Rules 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.

Tort 104

Tort Court Government Entertainment 104

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.

Court 81

Court Laws Tort Litigation 81

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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Court Tort Litigation Litigating 107

JonathanTurley

AUGUST 8, 2023

As reported in the Chronicle Telegram, Oberlin is suing Lexington Insurance Company of New York; United Educators Insurance of Bethesda, Maryland; Mount Hawley Insurance Company of Peoria, Illinois; and StarStone Specialty Insurance Company of Cincinnati.

Litigation 40

Litigation Litigating Punitive Damages Tort 40

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.

Laws 31

Laws Tort Litigation Litigating 31

SCOTUSBlog

SEPTEMBER 17, 2022

Humphrey when a plaintiff would be required to disprove any part of the unqualified factual basis for his conviction in order to succeed in the tort action; (2) whether, under Heck , a 42 U.S.C. Maryland requires the disclosure of exculpatory evidence (or at the very least, evidence of factual innocence) during pretrial plea negotiations.

Immigration 75

Immigration Statute Government Tort 75

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 Government Statute 97

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.

Legal 44

Legal Legal Education Tort 44

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.

Tort 72

Tort Court Technology Laws 72

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.

Laws 78

Laws Court Personal Injury Tort 78

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.

Tort 42

Tort Court Felony Laws 42

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.

Tort 41

Tort Court Laws Court Rules 41

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.

Tort 38

Tort Lawyer Lawyers Constitutional Law 38

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.

Court 80

Court Litigation Litigating Government 80

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.

Tort 38

Tort Drafting Court Court Rules 38

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.

Government 52

Government Court Rules Court Education 52

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 Litigation Litigating 114

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.

Court 42

Court Statute Government Litigation 42

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.

Litigation 125

Litigation Litigating Court Finance 125

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.

Court 40

Court Government Statute Tort 40

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 Statute Litigation Litigating 45

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.

Litigation 40

Litigation Litigating Attorney Court 40

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.

Court 40

Court Attorney Technology Assisted Review Legal 40