SCOTUSBlog

DECEMBER 3, 2023

Bankruptcy and its special powers are being used to compensate for what some court filings call the “ failure ” of tort litigation to efficiently and fully resolve all pending claims. Bankruptcy in Purdue’s case came after the company participated in the traditional tort process; it is the Sacklers’ third-party involvement that the U.S.

Litigation 106

Litigation Litigating Tort Statute 106

JonathanTurley

JULY 27, 2024

” The Ohio Supreme Court just ruled that selling a boneless chicken dish does not mean that it is boneless because it is referring to a “cooking style not a guarantee.” ” In my torts class, I teach food contamination and liability cases. 2019-Ohio-2401, ¶ 67 (DeWine, J., REKM L.L.C.

Court Rules 49

Court Rules Court Tort Laws 49

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

SCOTUSBlog

JANUARY 8, 2021

United States , the Supreme Court ruled that the Federal Tort Claims Act, in which Congress waived the federal government’s sovereign immunity from tort liability, nonetheless did not allow servicemembers to bring claims for injuries “incident to service.” Ohio attaches to anyone near the shots. In 1950’s Feres v.

Government 100

Government Tort Court Rules Court 100

JonathanTurley

AUGUST 6, 2021

We have previously discussed animal liability in torts. It is often said the every dog gets one free bite in American torts. However, the “one free bite rule” is a commonly misunderstood torts doctrine — suggesting that you are not subject to strict liability until after the first time your dog bites someone.

Tort 58

Tort Litigating Litigation Laws 58

JonathanTurley

MARCH 26, 2023

Foreman, a rapper also known as “Afroman,” is the subject of a filing in Ohio (below) by seven police officers alleging that he has misused their images to sell merchandise and place them in a false light. However, in this case, the officers are not alleging privacy torts like intrusion upon seclusion.

Tort 50

Tort Sports Laws Court 50

SCOTUSBlog

SEPTEMBER 17, 2021

Ohio, ex rel. Issue : Whether workers who load or unload goods from vehicles that travel in interstate commerce, but do not physically transport such goods themselves, are interstate “transportation workers” exempt from the Federal Arbitration Act. United States. Volkswagen Aktiengesellschaft v.

Contract 96

Contract Government Tort Court 96

Constitutional Law Reporter

JANUARY 26, 2023

The Ohio Adjutant General’s Department v. Federal Labor Relations Authority: The case stems from a collective-bargaining dispute between the Ohio National Guard and the union that represents its technicians. Financial Oversight and Management Board for Puerto Rico v.

Attorney 52

Attorney Tort Legal Legal 52

Patently O

FEBRUARY 22, 2023

bankruptcy, class action, trademark, securities, and tort litigation, to the tune of $50 to $100 billion in investments annually. [10] 23] Such laws are already on the books in Arkansas, Maine, Nebraska, Nevada, Ohio, Oklahoma, Tennessee, Vermont, West Virginia, and Wisconsin, some of which limit the amount and type of funding entirely. [24]

Litigation 126

Litigation Litigating Court Finance 126

JonathanTurley

OCTOBER 30, 2024

This year, it is already producing its share of spooky torts. This year, another woman in Ohio took a more direct approach in Toledo, Ohio. As a torts professor, I try to walk the line between a fun attraction and an attractive nuisance. well … oversized.

Personal Injury 41

Personal Injury Tort Personal Injury Lawyer Lawyers 41

JonathanTurley

NOVEMBER 21, 2021

Opioid litigation has proceeded like a locomotive in part because of Judge Dan Aaron Polster, a federal jurist in Ohio who has been given control of some 2,000 federal cases from across the country under the multidistrict litigation system. Yet the torts system has an elaborate and well-functioning system of product liability.

Tort 43

Tort Litigation Litigating Manufacturing 43

JonathanTurley

NOVEMBER 28, 2022

He was charged with (and later acquitted of) a felony under an Ohio law prohibiting the use of a computer to “disrupt” or “interrupt” police functions. Parody and satire also face threats from other legal actions, particularly tort actions over the appropriation of names or likenesses (called the right to publicity).

Court 55

Court Tort Felony Litigation 55

JonathanTurley

AUGUST 31, 2022

The Ohio Supreme Court had rejected what should be Oberlin College’s final appeal of a verdict in favor of Gibson’s Bakery. The Ohio Supreme Court finally ended this farce by refusing to hear a new appeal on jurisdictional grounds. It voted 4-3 to end further litigation.

Litigation 45

Litigation Litigating Punitive Damages Misdemeanor 45

Patently O

JUNE 23, 2024

In a recent dissent, Justice Gorsuch lamented that “Despite [a] settled rule, the Court today doubles down on a new tort of its own recent invention.” City of Napoleon, Ohio , 602 U.S. .” Justice Thomas is not alone in his negative view of judicial invention. ” Chiaverini v. — (June 20, 2024) (Gorsuch, J.,

Tort 45

Tort Healthcare Court Attorney 45

Conflict of Laws

AUGUST 24, 2023

From England, Lilly moved to Ohio, which has the same law regarding adverse possession as California. Neither Lilly’s moves to England and Ohio nor Claude’s move to California were driven by a desire to take advantage of those states’ protective law of acquisitive prescription. “As regards the original thief, or.

Laws 52

Laws Statute Court Tort 52

ClimateChange-ClimateLaw

NOVEMBER 1, 2016

The appellate court also agreed with the court below that it was not appropriate to recognize a new tort of “intentional investment in abnormally dangerous activities” advocated by the plaintiffs on behalf of future generations. Bird Groups Sent Notice of Violations in Connection with Ohio Wind Turbine Project. 24, 2016).

Litigation 40

Litigation Litigating Attorney Court 40

JonathanTurley

MAY 3, 2021

This is the flip side to lethal-force cases such as last month’s shooting of Ma’Khia Bryant , 16, in Columbus, Ohio, in which Officer Nicholas Reardon used lethal force to stop the stabbing of another girl. For police officers, the city’s defense may seem as familiar as it is frustrating.

Government 59

Government Court Rules Court Education 59

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 61

Tort Litigation Litigating Construction 61

SCOTUSBlog

NOVEMBER 30, 2023

Abbott , involving a challenge to the use of nonmutual offensive collateral estoppel to hold that issues resolved in bellwether tort trials bind the defendant in later cases. There, a judge held that chemical giant du Pont was bound by legal determinations made in three trials involving the discharge of acid into the Ohio River.

Court 100

Court Litigating Litigation Government 100

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. She also threatened another woman with a carving knife.

Tort 39

Tort Statute Criminal Law Court 39

SCOTUSBlog

DECEMBER 12, 2024

Revisiting the Feres doctrine The Federal Tort Claims Act waives U.S. sovereign immunity and authorizes tort actions against the federal government for the negligence of its employees, while expressly retaining immunity for claim[s] arising out of the combatant activities of the military during time of war. Relisted after the Oct.

Tort 102

Tort Court Government Statute 102

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 103

Tort Construction Court Laws 103

SCOTUSBlog

APRIL 15, 2022

Without this extension of coverage, the workers might be left without such protection and be forced to rely on a long, expensive civil tort case to obtain a remedy for workplace injury or disease. In Goodyear Atomic Corp.

Contract 104

Contract Government Statute Construction 104

JonathanTurley

MARCH 17, 2024

The Associated Press (AP) is reportedly looking at a possible lawsuit after a bombshell article on GOP Ohio Senate candidate Bernie Moreno was found to contain serious errors and contradictions. Moreno is a Trump-backed anti-establishment candidate who is on the ballot this Tuesday in the Ohio primary.

Finance 66

Finance Attorney Legal Legal 66

Above The Law

OCTOBER 24, 2023

Ah, the classic "fourth trimester abortion." [ Huffington Post ] * Speaking of abortion, Ohio's GOP Attorney General put out his "non-partisan" assessment of the upcoming reproductive rights ballot measure and wouldn't you know it, returning to the status quo of the prior half century results in fire and brimstone.

Tort 116

Tort Attorney Legal Legal 116

Conflict of Laws

FEBRUARY 29, 2024

Choice of Law The Eighth Circuit applied Mexican law to a suit against General Motors over a car crash in Mexico, while an Ohio state court applied South African law to invalidate a marriage. So, on this leap day, we thought we would leap into the new month by looking back at the old year.

Laws 75

Laws Court Divorce Tort 75

Patently O

MARCH 16, 2021

designs coordinated by UH Ventures were adopted by the State of Ohio as standards of care; Make4Covid delivered 120,000 units of PPE in 6 months, many to rural and children’s hospitals and the Navajo Nation; and. Relying on open-source hardware and design, thousands of individuals met this moment of need with ingenuity.

Manufacturing 101

Manufacturing Education Technology Tort 101

LawSites

DECEMBER 4, 2023

Demo video: [link] Founded: 5/1/2023, Columbus, Ohio Target customer: Solo, small firm, and legal Aid organizations that are engaged in litigation. 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

NOVEMBER 22, 2022

The most obvious form of civil liability would be some type of tort action. Moreover, arguing that these speakers induced violence under another form of tort liability would be quickly rejected under the First Amendment. It would also not pass constitutional muster, in my view. This would fail for the same reason. In Brandenburg v.

Tort 58

Tort Court Rules Sports Court 58

SCOTUSBlog

JUNE 28, 2021

The petition for review was filed by Peyman Pakdel and Sima Chegini, a married couple from Ohio who in 2009 bought an interest in a six-unit apartment building in San Francisco’s Russian Hill neighborhood. corporations can be sued for violations of the Alien Tort Statute, the law on which the Iraqi plaintiffs were relying, at all.

Immigration 108

Immigration Court Government Work From Home 108

JonathanTurley

JANUARY 19, 2022

The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. 1 (1990), an Ohio high school wrestling coach sued over an opinion column alleging that he had lied under oath at a public hearing, saying that it was tantamount to an allegation of perjury.

Laws 32

Laws Tort Court Diligence 32

JonathanTurley

DECEMBER 3, 2023

I have previously written about the continuing questions over the inclusion of the public figures with public officials in tort actions. An Ohio high school wrestling coach sued over an opinion column alleging that he had lied under oath at a public hearing, saying that it was tantamount to an allegation of perjury.

Depositions 86

Depositions Tort Court Immigration 86

ClimateChange-ClimateLaw

APRIL 9, 2021

Ohio Federal Court Remanded Environmental Assessment for Additional Analysis of Hydraulic Fracturing Impacts in Wayne National Forest. Center for Biological Diversity v. Bureau of Land Management , No. 17-cv-1208 (D.D.C. A year after finding that the U.S. Center for Biological Diversity v. Forest Service , No. 2:17-cv-00372 (S.D.

Court 120

Court Statute Litigation Litigating 120

JonathanTurley

MARCH 31, 2021

The second “Count Five” is actually just a demand for punitive damages, rather than an actual separate tort. Ohio , the Supreme Court ruled in 1969 that even calling for violence is protected under the First Amendment unless there is a threat of “ imminent lawless action and is likely to incite or produce such action.”.

Punitive Damages 45

Punitive Damages Tort Statute Court 45

The Crime Report

OCTOBER 23, 2023

At the same time, Trump has been held liable on many occasions for fraud or for violating civil laws and torts. With respect to Trump he remains a primary deviant when it comes to ordinary customs as he has not been successfully stigmatized or shamed by others and certainly not by himself.

Tort 135

Tort Felony Construction Legal 135