Remove New York Remove Punitive Damages Remove Statute Remove Tort
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Who’s Afraid of Punitive Damages? – Conference in Augsburg, Germany

Conflict of Laws

by Salih Okur (University of Augsburg) On 8 and 9 March, scholars from more than a dozen different jurisdictions followed the invitation of Tobias Lutzi to discuss recent trends in punitive damages at the University of Augsburg, Germany. Rademacher then analysed whether punitive elements could be found in German tort law.

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New York Times Loses Effort to Block Kai Spears Defamation Action

JonathanTurley

The New York Times lost a critical effort to block the defamation lawsuit brought by University of Alabama basketball player Kai Spears. We have previously discussed retraction statutes that can limit damages or actions. ” The New York Times issued a correction, but not a retraction.

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Deadspin Defamation: Parents of Holden Armenta Move Toward Libel Action Over Blackface Allegation

JonathanTurley

There are 33 states with retraction statutes. If a full and effective retraction is issued (and published as prominently as the offending statement), it can limit damages or bar punitive damages entirely in some states. In New York Times v. Other states effectively make such a letter a required step.

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Australia High Court Delivers Major Blow to Free Speech In Defamation Ruling

JonathanTurley

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. The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. compensatory damages and $300,000.00

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“A Stain on Our Democracy”: Vindman Sues Donald Trump Jr., Rudy Giuliani and Others for Witness Intimidation

JonathanTurley

It also seeks nominal, compensatory, consequential, and punitive damages; and attorneys’ fees and costs. Putting aside a later defamation action (though the statute of limitations is a concern), the filing could present an interesting question of whether the statute can be used to chill or curtail free speech.

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November 2017 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

On October 19, the Second Circuit Court of Appeals denied a natural gas pipeline developer’s petition for panel rehearing or rehearing en banc of its ruling that upheld the New York State Department of Environmental Conservation’s (NYSDEC’s) denial of a water quality certificate for the pipeline. Jacobson v. 2017 CA 006685 B (D.C.

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