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

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

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

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. §

Tort 41

Tort Court Compensatory Damages Entertainment 41

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 58

Punitive Damages Court Lawyer Lawyers 58

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.

Tort 33

Tort Misdemeanor Felony Lawyer 33

JonathanTurley

AUGUST 29, 2024

Over the years, I have written repeatedly ( here , here , here , here , and here ) about the interesting defamation case brought by Sarah Palin, the former Alaska governor and 2008 Republican vice presidential nominee, agains the New York Times. He has now been reversed again and Palin will have a new opportunity to sue the newspaper.

Court 63

Court Government Statute Tort 63

SCOTUSBlog

JANUARY 8, 2021

This week we highlight cert petitions that ask the Supreme Court to consider cases and statutes about suing various government entities, ranging from two counties to a state governor to the United States itself. Waterfront Commission of New York Harbor v. Murphy involves New Jersey and New York’s Waterfront Commission Compact.

Government 104

Government Tort Court Rules Court 104

JonathanTurley

DECEMBER 7, 2023

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. In New York Times v.

Punitive Damages 53

Punitive Damages Sports Statute Contract 53

SCOTUSBlog

OCTOBER 5, 2023

Vullo involves a lawsuit in which the NRA alleges that Maria Vullo, then the Superintendent of the New York State Department of Financial Services, violated its First Amendment rights by threatening its business partners to try to encourage them to disassociate from the NRA. New York and 335-7 LLC v. City of New York, NY.

Tort 129

Tort Court Litigating Litigation 129

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. See Pennsylvania General Assembly Statute §7102.

Tort 49

Tort Litigation Litigating Construction 49

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 47

Tort Litigation Litigating Construction 47

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.

Court 117

Court Contract Statute Government 117

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.

Tort 125

Tort Court Laws Litigating 125

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

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 37

Manufacturing Laws Litigating Litigation 37

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.

Tort 35

Tort Cause of Action Laws Court 35

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 57

Laws Tort Real Estate Statute 57

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

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.

Tort 50

Tort Court Statute Constitutional Law 50

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.

Tort 66

Tort Laws Court Statute 66

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.

Lawyers 55

Lawyers Lawyer Government Felony 55

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 59

Tort Government Constitutional Law Statute 59

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.

Lawyers 75

Lawyers Lawyer Litigating Litigation 75

Gravel2Gavel

MAY 5, 2025

The lawsuits, filed on April 30 and May 1, challenge two distinct forms of state-led climate action: (1) enacted climate superfund statutes in New York and Vermont, and (2) announced plans by Michigan and Hawaii to bring climate change litigation against fossil fuel companies under state tort law. Continue Reading

Litigation 95

Litigation Litigating Government Tort 95

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 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

JonathanTurley

FEBRUARY 18, 2022

It is considered a sacrilege to even raise the possibility of reexamining the legacy of New York Times v. Here is the column: For those of us who teach torts, we are living in the golden age of defamation. Recently, two justices indicated that they might be open to the idea of revisiting New York Times v.

Tort 46

Tort Court Government Statute 46

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.

Tort 106

Tort Court Government Entertainment 106

JonathanTurley

JANUARY 19, 2022

It could be claimed that she became a limited public figure subject to the higher standard of proof 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. Clanton was not a public figure when this controversy began. 157, 168 (1979).

Laws 31

Laws Tort Diligence Court 31

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.

Tort 56

Tort Lawyer Lawyers Personal Injury Lawyer 56

Conflict of Laws

MAY 4, 2025

in controversy could be clearly traced to a New York account, and was therefore in line with the tracing requirement identified in Simon. This restrictive turn mirrors the trajectory of human rights litigation under the Alien Tort Statute (ATS). [22] Sabbatino decision. [20]

Court 59

Court Laws Litigating Litigation 59

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.

Court 119

Court Tort Education Government 119

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 97

Laws Personal Injury Court Tort 97

ClimateChange-ClimateLaw

APRIL 23, 2021

On April 1, 2021, a unanimous Second Circuit panel dismissed a lawsuit filed by New York City against a handful of fossil fuel companies seeking damages for climate change harms under state public nuisance and trespass law. By Michael Burger *. Photo by Alexander Tsang – Unsplash. A summary is available here.)

Statute 75

Statute Laws Court Court Decisions 75

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 58

Tort Litigation Litigating Construction 58