ClimateChange-ClimateLaw

MAY 23, 2018

Keenan of the Southern District of New York will hear oral argument on the motions to dismiss filed in City of New York v. a case in which New York City alleges these same companies’ same activities constitute a public nuisance and trespass under New York State law. BP P.L.C. ,

Litigation 52

Litigation Litigating Tort Cause of Action 52

SCOTUSBlog

DECEMBER 2, 2023

At the same time, the dispute also raises broader questions about whether and when it is appropriate to resolve mass tort cases – that is, lawsuits brought by a group of people who have been harmed in a similar way, such as in a plane crash or by a defective product – through the bankruptcy system. And in Sept.

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Court Tort Litigating Litigation 141

LegalReader

APRIL 22, 2022

If you believe that you have suffered permanent or temporary emotional distress, it’s essential to keep a journal of how your mental state has been affected.

Tort 59

Tort Litigation Litigating 59

JonathanTurley

OCTOBER 8, 2021

A couple of bizarre recent cases raise a question that we occasionally discuss in my torts class: the liability for suicidal acts, particularly jumping from buildings. This week, a 31-year-old man jumped from a high-rise in Jersey City, New Jersey and landed on a BMW. RESTATEMENT (SECOND) TORTS § 283A (AM.

Tort 36

Tort Laws Court Legal 36

Law 360

MAY 2, 2024

A New York federal court's decision to exclude all plaintiff experts in a multidistrict litigation concerning prenatal exposure to Tylenol highlights a number of expert testimony pitfalls that parties should avoid in product liability and mass tort matters, say Rand Brothers and Courtney Block at Winston & Strawn.

Tort 52

Tort Court Decisions Litigation Litigating 52

SCOTUSBlog

JANUARY 8, 2021

Waterfront Commission of New York Harbor v. Murphy involves New Jersey and New York’s Waterfront Commission Compact. This congressionally approved interstate compact established a commission with licensing, regulatory and other powers to address corruption and racketeering in the Port of New York–New Jersey.

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Government Tort Court Rules Court 100

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 50

Tort Litigation Litigating Construction 50

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 48

Tort Litigation Litigating Construction 48

Paralegal Bootcamp

APRIL 15, 2022

States with the highest employment levels were Florida, California, Texas, New York, and Illinois, with annual wages ranging from $52,100 to $60,390. She worked in larger firms in the downtown Phoenix area for past Presidents of the American Trial Lawyer’s Association, specializing in tort law.

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Paralegals Paralegal Legal Assistant Legal Assistance 246

SCOTUSBlog

FEBRUARY 21, 2024

The contract, like most American marine insurance contracts, called for the application of New York law. In this case, there is no contention that the choice of New York law infringes on “any federal statute or established federal maritime policy.”

Contract 99

Contract Laws Statute Litigating 99

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 127

Tort Court Litigation Litigating 127

Mondaq

SEPTEMBER 22, 2022

plaintiff was traveling from Guyana to New York on Caribbean Airlines Limited. In Wilson v. Caribbean Airlines Ltd.,

Tort 40

Tort 40

JonathanTurley

OCTOBER 19, 2021

Conversely, New York charged a woman for calling police in a racially charged incident in Central Park. We also discussed a torts case involving a delay in calling police, but that case involved people who were deemed partially responsible for a death. In torts, there is no duty to rescue rule. Bigan , 397 Pa.

Tort 56

Tort Misdemeanor Legal Legal 56

ClimateChange-ClimateLaw

FEBRUARY 23, 2022

Many of these cases asserted nuisance and other tort law claims. The court distinguished the Second Circuit’s decision in City of New York v. The Hawai‘i court, however, found Honolulu’s framing of its claims as traditional tort law claims to be “more accurate.” Chevron Corp. Chevron Corp.

Court 84

Court Tort Cause of Action Litigation 84

SCOTUSBlog

JUNE 27, 2024

A federal district court in New York struck down the bankruptcy court’s ruling, but the U.S. In exchange, family members – who had taken pre-tax distributions of $11 billion from the company in recent years – agreed to contribute up to $6 billion to fund the plan. Court of Appeals for the 2nd Circuit reinstated it.

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Court Tort Laws Government 127

JonathanTurley

SEPTEMBER 21, 2021

For torts scholars, it has been a bonanza of interesting issues touching on every element of defamation law. 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. Notably, Nunes sought to challenge New York Times v.

Tort 59

Tort Immigration Cause of Action Court Rules 59

LawSites

AUGUST 9, 2022

Resolution 402 was presented to the ABA by the Illinois State Bar Association, the New York State Bar Association, the New Jersey State Bar Association, and two ABA sections: the Tort Trial & Insurance Practice Section and the Solo, Small Firm and General Practice Division.

Legal Services 98

Legal Services Lawyers Lawyer Law Firm 98

The Fashion Law

SEPTEMBER 23, 2021

In the newly-filed suit, Evangelista claims that Delaware-based ZELTIQ is on the hook for products liability, negligence, breach of warranty, and various types of fraud, among other claims, in connection with its willfully “deceptive acts and practices and false and misleading advertising.”

Personal Injury 85

Personal Injury Compensatory Damages Manufacturing Tort 85

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. Robert Welch, Inc.,

Punitive Damages 66

Punitive Damages Tort Statute Court 66

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 Litigation Litigating 58

SCOTUSBlog

MAY 14, 2021

Sutton 58 Associates LLC , the New York Court of Appeals allowed a real estate lender to bring state-law tort claims alleging that investors had interfered with its loan agreements with two borrowers by facilitating their wrongful bankruptcies. In Pilevsky v. Pilevsky v. Sutton 58 Associates LLC. Empire Health Foundation v.

Tort 86

Tort Real Estate Court Laws 86

Conflict of Laws

NOVEMBER 3, 2022

But the bonds include a choice-of-law clause designating the law of New York. Does this mean that validity is to be determined under New York law? The debt also includes a choice of law clause providing for the application of foreign law, typically that of New York or England. Variations in Clause Language.

Government 52

Government Drafting Contract Laws 52

The IP Law Blog

MAY 12, 2022

West’s lawyer claims that the producers have committed the tort of false light invasion of privacy by creating a false impression about Mr. West that is highly offensive and injurious to his reputation and have also defamed Mr. West by attributing acts of rage to him that he never committed. In Fairstein v.

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Drafting Lawyer Lawyers Court 98

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 127

Tort Court Laws Litigating 127

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.”

Statute 62

Statute Government Court Litigation 62

Constitutional Law Reporter

MAY 13, 2022

In January 2014, petitioner Larry Thompson was living with his fiancée (now wife) and their newborn baby in an apartment in Brooklyn, New York. To resolve the circuit split, the Supreme Court looked to American malicious prosecution tort law as of 1871. Facts of the Case.

Tort 52

Tort Court Constitutional Law Laws 52

JonathanTurley

OCTOBER 30, 2024

This year, it is already producing its share of spooky torts. In New York a few years ago, Sherri Perper, 56, of Queens, New York, filed a personal injury lawsuit due to defective shoes allegedly acquired from Forum Novelties. well … oversized. well … oversized.

Personal Injury 41

Personal Injury Tort Personal Injury Lawyer Lawyers 41

Conflict of Laws

AUGUST 29, 2024

While Indonesian Private International Law does not explicitly address the law applicable to torts, the prevailing doctrine is lex loci delicti commissi (the law of the place where the tort was committed). Indonesia has acceded to the 1958 New York Convention and has incorporated it into its legal system.

Laws 59

Laws Contract Tort Divorce 59

LPB Network

SEPTEMBER 1, 2021

Bankruptcy Court for the Southern District of New York approved a plan that gives individual members of the Sackler Family immunity from civil lawsuits relating to the opioid epidemic. Today Judge Robert Drain of the U.S. Here’s coverage from NPR,

Court 52

Court Tort 52

JonathanTurley

APRIL 23, 2021

The standard for defamation for public figures and officials in the United States is the product of a decision over 50 years ago in New York Times v. The New York Times had run an advertisement referring to abuses of civil rights marchers and the arrest of Martin Luther King Jr. seven times.

Tort 59

Tort Education Laws Court Rules 59

JonathanTurley

NOVEMBER 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.

Tort 10

Tort Government Court Rules Lawyers 10

JonathanTurley

JANUARY 21, 2024

In my torts class, we discuss the often uncertain line between ordinary citizens and public figures. In New York Times v. I have previously written about the continuing questions over the inclusion of the public figures with public officials in tort actions. As New York Times v. Croce sued for $200,000.

Sports 45

Sports Court Tort Government 45

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

JUNE 2, 2022

The massive verdict in favor of actor Johnny Depp yesterday constitutes a rare victory of a public figure under the difficult New York Times v. YouTube screengrab. Sullivan standard for defamation. The award of $15 million found that Amber Heard not only lied but did so with malice. Depp ran the table on all of his counts.

Punitive Damages 51

Punitive Damages Tort Lawyers Lawyer 51

JonathanTurley

JULY 14, 2021

Maud Maron is a public interest lawyer who is now at the center of a firestorm in New York. Then she wrote a column for the New York Post criticizing anti-bias training and how difficult such efforts were making it for many to stay in the public schools: “We all want a well-integrated, high-quality public-school system.

Lawyers 56

Lawyers Lawyer Legal Legal 56

JonathanTurley

JUNE 16, 2021

However, this is now a defamation action which could present significant challenges based on the elements for the tort. 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 complaint alleges per se defamation.

Tort 58

Tort Felony Court Laws 58

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.

Tort 42

Tort Court Compensatory Damages Punitive Damages 42