ClimateChange-ClimateLaw

FEBRUARY 23, 2022

Many of these cases asserted nuisance and other tort law claims. The Hawai‘i court, however, found Honolulu’s framing of its claims as traditional tort law claims to be “more accurate.” Citing Massachusetts v. More recently, states and municipalities have asserted claims under consumer protection laws.).

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Court Tort Cause of Action Litigation 85

JonathanTurley

DECEMBER 14, 2023

The complaint below alleged three counts (Intentional misrepresentation – fraud; Fraudulent Concealment; Violation of Massachusetts Consumer Protection Law). The interesting omission is battery in light of the lack of consent for using his own sperm as well as other possible tort claims. There is also an omission of contractual claims.

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Tort Statute Laws 68

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 Litigation 64

JonathanTurley

MAY 12, 2021

There is a novel comparison that could be drawn to the tort of “loss of chance” in the failure to diagnose diseases. Such torts are allowed even where there was less than a fifty percent chance of survival. One of the first opinions was handed down in 2008 by the Massachusetts Supreme Judicial Court in Matsuyama v.

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Tort Court Court Rules Legal 35

JonathanTurley

OCTOBER 22, 2021

The contest apparently occurred in the town of Somerville, Massachusetts on private property with the Lacrosse team called the Jumbos. Massachusetts is a modified or partial comparative jurisdiction where a plaintiff can be contributory negligent and recover so long as she was less than 51 percent at fault.

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Litigation Litigating Court Tort 45

ClimateChange-ClimateLaw

NOVEMBER 1, 2016

Texas Federal Court Ordered Jurisdictional Discovery in Exxon Case Against Massachusetts Attorney General, Citing Concern That State’s Investigation Was Undertaken in Bad Faith. Massachusetts Appellate Court Affirmed Dismissal of Divestment Action Against Harvard. Murray Energy Corp. McCarthy , No. 5:14 -cv-39 (N.D. 451962/2016 (N.Y.

Litigation 40

Litigation Litigating Attorney Court 40

LawTechnologyToday

DECEMBER 29, 2021

in Framingham, Massachusetts. He concentrates his practice in the fields of workers’ compensation law, automobile tort law, and general negligence law. Certainly, a follow-up to the 2021 Survey will shed additional light on the shifting practices of lawyers post-COVID. About the Author. Klevan, P.C.

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Technology Attorney Lawyers Lawyer 73

LawTechnologyToday

NOVEMBER 25, 2022

in Framingham, Massachusetts. He concentrates his practice in the fields of workers’ compensation law, automobile tort law, and general negligence law. About the Author. Alan Klevan (alan@klevanlawfirm.com) is the principal of The Law Offices of Alan J. Klevan, P.C.

Technology 86

Technology Legal Technology Solution Attorney Lawyers 86

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 60

Tort Litigation Litigating Construction 60

LawSites

DECEMBER 4, 2023

We have implemented this for Indiana, Massachusetts, and California so far, and will have all opinions completed within 45-60 days. Target customer: Lexamica works with all sizes of law firms from large plaintiff firms in single event mass torts to solos who need access to a trustworthy network of peers to refer cases to.

Document Review 135

Document Review Court Reporting Metadata Court Reporter 135

JonathanTurley

SEPTEMBER 22, 2022

Indeed, I teach in torts where an immigrant to the United States filed a tort action for an involuntary inoculation upon entry in O’Brien v. The brochure reads “Massachusetts Refugee Benefits” with instructions for how to change an address with U.S. ” The lawyers are citing a brochure to support the claim of fraud.

Tort 59

Tort Immigration Litigation Litigating 59

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. The court also found that Mann’s lawsuit did not constitute state action and therefore dismissed the writer’s constitutional tort claim.

Court 40

Court Statute Government Tort 40

SCOTUSBlog

DECEMBER 24, 2021

Share This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether the Penobscot Nation has regulatory authority over the Penobscot River or only over certain islands in the river, and how broadly to construe the combatant-services exception to the Federal Tort Claims Act. In Penobscot Nation v.

Tort 112

Tort Construction Court Laws 112

ALPS

AUGUST 11, 2021

This is one of the things I say to students all the time, “You’re coming to us not only to learn about contracts and torts, you’re coming to learn how to become a future professional. Where it’s like, “Oh my gosh, that torts professor’s a real person.” And this really sucks right now.

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Law School Laws Bar Exam Education 98

SCOTUSBlog

JUNE 28, 2021

corporations can be sued for violations of the Alien Tort Statute, the law on which the Iraqi plaintiffs were relying, at all. Massachusetts , New Hampshire sought to challenge a Massachusetts rule that taxes nonresidents on income for services performed outside the state. Doe , in which they were considering whether U.S.

Immigration 111

Immigration Court Government Work From Home 111

ClimateChange-ClimateLaw

NOVEMBER 16, 2020

The plaintiffs alleged that evidence showed that the project—for which the “stated purpose is to fulfill long-term contracts for ‘clean energy’ projects with the State of Massachusetts”—would instead increase greenhouse gas emissions. ExxonMobil asked the Texas Supreme Court to “confirm that longstanding precedent of this Court and the U.S.

Cause of Action 96

Cause of Action Court Government Litigation 96

ClimateChange-ClimateLaw

APRIL 23, 2021

This language is nearly identical to that of Clean Air Act Section 202(a), which the Supreme Court held in Massachusetts v. EPA applies to greenhouse gases emitted from motor vehicles, and under which EPA issued an endangerment finding for greenhouse gases in 2009. Alternatively, the U.S.

Statute 75

Statute Laws Court Court Decisions 75

ClimateChange-ClimateLaw

JUNE 8, 2021

The First Circuit Court of Appeals affirmed the denial of a preliminary injunction to block construction of a segment of an electric transmission power corridor in Maine that would be part of a project to carry electricity from Quebec to Massachusetts, including electricity generated by hydropower. Chevron Corp. City of Oakland , No.

Court 45

Court Statute Government Litigation 45

ClimateChange-ClimateLaw

JULY 2, 2021

Massachusetts High Court Upheld Transmission Line Approval. The Massachusetts Supreme Judicial Court affirmed the Energy Facilities Siting Board’s approval of a proposal for a new underground electrical transmission line running between substations in the Towns of Sudbury and Hudson. In re Hawaiian Electric Co. , SCOT-20-0000309 (Haw.

Court 49

Court Litigation Litigating Statute 49

JonathanTurley

MAY 12, 2022

92 (1896), for example, the Massachusetts Supreme Court ruled that a labor union could be found guilty of an intentional tort by picketing a business. Many Democrats also supported sweeping bans on protests near abortion clinics, like a law in Massachusetts that was struck down unanimously in McCullen v. In Vegelahn v.

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Drafting Court Tort Laws 48