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 76

Immigration Statute Government Tort 76

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 64

Statute Government Court Litigating 64

The Volokh Conspiracy

JUNE 9, 2025

The Court then explained how the law protects the firearm industry from civil lawsuits blaming the industry for crimes and torts committed by third parties. And don't forget Justice Sotomayor stating in Garland v.

Manufacturing 94

Manufacturing Litigating Litigation Court 94

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 51

Litigation Litigating Punitive Damages Tort 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.

Laws 31

Laws Tort Litigating Litigation 31

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 47

Tort Drafting Court Litigating 47

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 126

Litigation Litigating Finance Court 126

SCOTUSBlog

MAY 29, 2025

Government contractors defenses to torts The GEO Group, Inc. Hencely sued Fluor in tort, alleging negligent hiring, supervision, and retention under South Carolina law, as well as third-party contract claims. That brings us to this weeks conference, in which there are 143 petitions and applications on the Supreme Courts docket.

Government 85

Government Tort Contract Court 85

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.

Tort 108

Tort Construction Court Felony 108

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.

Tort 96

Tort Litigating Litigation Court 96

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

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 44

Tort Litigation Litigating Construction 44

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.

Tort 43

Tort Litigation Litigating Construction 43

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.

Court 92

Court Attorney Tort Laws 92

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.

Court 113

Court Contract Statute Government 113

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.

Tort 125

Tort Court Litigating Litigation 125

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.

Statute 132

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.

Legal 55

Legal Legal Education Tort 55

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 53

Tort Felony Court Laws 53

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.

Statute 39

Statute Laws Tort Criminal Law 39

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 103

Court Laws Tort Litigating 103

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 81

Tort Court Technology Laws 81

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 58

Government Court Rules Education Court 58

SCOTUSBlog

JUNE 2, 2025

The justices also denied review in several cases that they had repeatedly considered at their private conferences for the past several months, including two challenges to gun-control measures in Rhode Island and Maryland. Those denials are covered in a separate story.)

Court 111

Court Statute Contract Government 111

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.

Tort 99

Tort Court Government 99

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 103

Court Litigating Litigation Government 103

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 Entertainment Government 104

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.)

Court 116

Court Tort Education Contract 116

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 55

Tort Litigation Litigating Construction 55

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 52

Tort Court Laws Litigating 52

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 94

Laws Personal Injury Court Tort 94

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

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 54

Tort Finance Court Court Rules 54

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 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.)

Tort 105

Tort Statute Court Education 105

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.,

Government 87

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.

Tort 48

Tort Lawyers Lawyer Constitutional Law 48