SCOTUSBlog

JANUARY 16, 2022

It eventually travelled to New York and then to Saint Louis, Missouri, where it remained until 1976. Second, the brief draws an analogy to the Federal Tort Claims Act, which subjects the federal government to certain tort claims “in the same manner and to the same extent as a private individual.” In Richards v.

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Tort Court Laws Litigating 127

JonathanTurley

JULY 12, 2021

Below is my column in the Hill newspaper on the declaration of a gun violence emergency by New York Gov. The centerpiece of Cuomo’s plan is a new law to allow victims of gun violence to sue gun manufacturers under a nuisance theory. It has failed repeatedly in various states, including New York. Andrew Cuomo.

Manufacturing 58

Manufacturing Laws Litigating Litigation 58

LawSites

NOVEMBER 15, 2023

. ‘Transformational Change’ All of these developments were previewed yesterday to members of the media during a briefing by TR executives in the company’s Times Square office in New York. ” Requests for analytics, such as “Which law firm has the most torts cases in 2023 so far?”

Legal Research 138

Legal Research Legal Assistant Legal Assistance Laws 138

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. Constitution.”

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Statute Government Court Litigating 64

Conflict of Laws

DECEMBER 6, 2023

She asserted claims in tort and under the Australian Consumer Law ( ACL ) in schedule 2 to the Competition and Consumer Act 2010 (Cth) ( CCA ) against companies behind the ship: Carnival plc and its subsidiary, Princess Cruise Lines Ltd (together, Princess ). The ship is registered in Bermuda.

Contract 72

Contract Laws Court Statute 72

Conflict of Laws

AUGUST 24, 2023

After it was taken in Germany, the painting spent some time in California and Missouri and was subsequently sold to Baron Von Thyssen-Bornemisza by a Gallery in New York. But statutes of limitations often begin to run when the original owner discovers the location of the stolen property.

Laws 52

Laws Statute Court Tort 52

The Fashion Law

OCTOBER 19, 2021

According to the complaint that he filed in a Michigan state court in September 2020, Mr. Moran alleged that in or around 2012, New York-based Edie Parker LLC and its founder Brett Heyman (the “defendants”) “began selling high end handbags and accessories patterned after vintage styles favored by Ms. Parker’s estate.

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Tort Court Laws Statute 66

Patently O

MARCH 12, 2021

My father’s law office was in rural New York, and his core practice involved representing farmers, villages, and small businesses on land transactions, estate planning, and probate matters. The limitations in patent claims aren’t like the boundaries defined in a deed; instead, they are like the elements of a tort.

Legal 65

Legal Legal Small Business Litigating 65

JonathanTurley

SEPTEMBER 9, 2021

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. 47 U.S.C. §

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Tort Court Compensatory Damages Punitive Damages 42

Conflict of Laws

MARCH 23, 2024

Rademacher then analysed whether punitive elements could be found in German tort law. On the other hand, insurability could guarantee payment where the defendant lacks the financial capacity, and the punitive and deterrent effect could still be achieved by imposing higher premiums and the tortfeasor having difficulties finding a new insurer.

Punitive Damages 59

Punitive Damages Compensatory Damages Tort Civil Law 59

JonathanTurley

DECEMBER 6, 2023

There are 33 states with retraction statutes. In New York Times v. Hill , which held that a family suing Life Magazine for false light must shoulder the burden of the actual malice standard under New York Times v. .” These retraction letters are often the open salvo in defamation actions.

Punitive Damages 60

Punitive Damages Court Lawyer Lawyers 60

InHouseOps

JULY 16, 2021

In January, a group of New York state legislators introduced a biometrics regulation bill that contains a private right of action similar to the already enacted Illinois Biometric Information Privacy Act (BIPA). As a result, litigation under privacy laws protecting individuals’ biometric information has exploded.

Laws 52

Laws Personal Injury Litigating Litigation 52

JonathanTurley

MAY 13, 2021

He is facing both criminal and potential tort liability for the tiger incident. Notably, according to the New York Post, there were also two monkeys living with Cuevas in the house but that is not itself unlawful. The Lacey Act and other federal wildlife statutes could be charged for such conduct.

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Tort Misdemeanor Felony Lawyer 33

JonathanTurley

NOVEMBER 28, 2024

After Mark Longo and Daniela Bittner posted cute pictures of Peanut on social media as their companion and friend, New York officials from the Department of Environmental Conservation (DEC) raided their home on Oct. Peanut even appeared in my torts class this term, posthumously, of course.

Tort 60

Tort Government Constitutional Law Statute 60

SCOTUSBlog

NOVEMBER 1, 2023

The Supreme Court did not grant review in any new cases since our last installment. 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. In Cargill , the en banc U.S.

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Court Contract Statute Government 120

The Crime Report

AUGUST 31, 2021

In 2016, the last time Elden recreated the pose as an adult, Elden even t old the New York Post that h e wanted to take the shot naked. Take, for example, the more than 100 cases filed nationally against brand hotelier franchisors beginning in late 2019, for alleged sex trafficking occurring on premise under the same statute.

Statute 132

Statute Tort Litigating Litigation 132

JonathanTurley

SEPTEMBER 22, 2024

” The legislators lifted the definition from New York Times v. Sullivan on defamation to define the element as the statute requires “malice.” Hill , which held that a family suing Life Magazine for false light must shoulder the burden of the actual malice standard under New York Times v.

Laws 58

Laws Tort Real Estate Statute 58

SCOTUSBlog

OCTOBER 11, 2023

NBCUniversal was denied as anticipated , which drew a separate opinion from Justice Clarence Thomas noting that he would be inclined to reconsider New York Times v. Yes, the statute really does have a full cite to the opinion in it. Kivett , and the New York state law in Cantero v. Nelson ,…517 U.S. 26 and Oct.

Laws 100

Laws Personal Injury Court Tort 100

JonathanTurley

OCTOBER 15, 2022

Here is the criminal extortion statute: 18-3-207. Yet, CRS 16-5-401 would seem to set a three-year statute of limitations for extortion cases. If it occurred in 2017, the statute of limitations ran by 2020. In New York Times v. However, Colorado does not have such a statute.

Statute 52

Statute Criminal Law Court Laws 52

SCOTUSBlog

JANUARY 23, 2025

Davis , 24-304 Issue: Whether a federal court may certify a class action when some of its members lack any Article III injury. Relisted after the Jan. 10 and Jan. 17 conferences.) Franklin v. Relisted after the Jan. 10 and Jan. 17 conferences.) Relisted after the Jan. 10 and Jan 17 conferences.) Oklahoma Statewide Charter School Board v.

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Court Tort Education Government 123

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 59

Tort Litigating Litigation Construction 59

JonathanTurley

AUGUST 25, 2021

The case is brought under statutes like 18 U.S.C. 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. Likewise, areas like defamation have been limited by the First Amendment.

Personal Injury 57

Personal Injury Tort Court Rules Statute 57

JonathanTurley

DECEMBER 15, 2021

The Duke of York is arguing that Giuffre was too old at the time of the alleged sexual acts to use the New York Child Victims Act (CVA) to “revive” her claims now. Prince Andrew is arguing that there is an inherent conflict under state law with these claims in light of the general consent law in New York.

Statute 47

Statute Tort Laws Court 47

JonathanTurley

OCTOBER 27, 2024

However, as a torts professor, there is a question of whether the tort element of proximate cause could be materially changed in the case. Torts professors are already lining up to argue that there is a proximate cause under existing doctrines to hold the firearms industry. The Court has accepted the review on two questions: 1.

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Tort Manufacturing Court Statute 67

JonathanTurley

NOVEMBER 27, 2020

In celebration of Thanksgiving, I give you our annual Turkey Torts of civil and criminal cases that add liability to libations on this special day (with past cases at the bottom). Indeed, the torts and crimes recorded this year seem painfully reminiscent of this loathsome year. Some 1,800 ate the catered meal.

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Tort Statute Criminal Law Court 38

JonathanTurley

DECEMBER 9, 2024

In my torts class, we discuss retraction statutes and the requirements of time and clarity. The damages in the case could be massive but Young was facing the higher New York Times v. ” After the Supreme Court handed down New York Times v. I specifically discussed the CNN case. In Gertz v.

Punitive Damages 65

Punitive Damages Tort Statute Court 65

SCOTUSBlog

JUNE 16, 2022

Hochul , involving New York State’s mandate that health care workers must have received a COVID-19 vaccination to remain on the job. Monsanto had argued that FIFRA labeling provisions preempted state tort causes of action for failure to warn. First up is Dr. A v.

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Government Education Court Cause of Action 110

JonathanTurley

AUGUST 3, 2021

The late New York Gov. However, his son, Andrew Cuomo, the current New York governor, moved today from presumed sinner but presumed assaulter. Under federal law, the statute of limitations is three years. Once again, the viability of such actions will depend on the statute of limitations.

Statute 59

Statute Tort Litigating Litigation 59

ClimateChange-ClimateLaw

OCTOBER 7, 2019

The federal district court for the District of South Dakota temporarily enjoined enforcement of provisions of a riot boosting statute enacted in South Dakota in 2019 in response to anticipated protests of the Keystone XL pipeline. New York Court Dismissed Challenge to Local Zoning Law that Restricted Development of Solar Facilities.

Court 40

Court Statute Government Tort 40

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. United States , 20-559.

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Tort Court Government Entertainment 107

JonathanTurley

OCTOBER 31, 2023

Below is an expanded version of my column in the New York Post on the return of Halloween and joy of little litigators in anticipation of the return of the festival of Samhain. The result is a wicked brew of negligence, product defects, intentional torts, and every other tort and crime known above the netherworld.

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Tort Lawyer Lawyers Personal Injury Lawyer 57

JonathanTurley

DECEMBER 19, 2021

Below is my column in the Hill on New York’s latest gun control measure — and the latest challenge to a New York law. What is most striking in reviewing the line of gun cases coming out of New York is that the Empire State has done more for gun rights than any “pro-gun” state.

Manufacturing 38

Manufacturing Laws Litigating Litigation 38

JonathanTurley

FEBRUARY 20, 2021

United States District Judge Laura Taylor Swain issued a ruling in New York to apply Virginia’s choice of law standard that in turn applied California’s defamation laws. He is facing criminal charges in New York. In my torts class, I teach defamation and often discuss the California retraction law.

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Tort Cause of Action Laws Court 36

JonathanTurley

JANUARY 26, 2024

While his public figure standing under New York Times v. They are now suggesting that exceptions to a general rule against paying personal costs of clients are applicable to these payments. I disagree. Sullivan requires satisfaction of the actual malice standard, that higher standard is not necessary to discard this claim.

Lawyer 77

Lawyer Lawyers Litigating Litigation 77

SCOTUSBlog

JANUARY 16, 2025

Court of Appeals for the 6th Circuit affirmed , holding that because a federal agency now has the final say over how the private horse-racing authority implements the federal statute, the amended law did not impermissibly delegate authority to a private entity. Bruen , involving a challenge to New Yorks concealed-carry law.

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Tort Statute Court Laws 112

JonathanTurley

SEPTEMBER 15, 2024

In New York Times v. Two justices have indicated that they might be open to the idea of revisiting New York Times v. Moreover, publications are protected in most states by retraction statutes limiting or blocking damages for corrected stories. Those cases also could bring a new review of the public figure standard.

Lawyer 57

Lawyer Lawyers Government Felony 57

JonathanTurley

OCTOBER 31, 2022

There was an interesting torts question raised last week over an abortion rights video ad shared by former Secretary of State Hillary Clinton, Democratic Gov. In New York Times v. Her objections were publicly made and covered by national media outlets like the New York Post and Fox News.

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Tort Court Statute Constitutional Law 51