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The court also denied the motion by Alabama and 18 other states to bring a case against California and four other states directly in the Supreme Court to block a series of lawsuits against fossil fuel producers, saying that those suits impermissibly sought to dictate interstate energy policy through the aggressive use of state-law tort suits.
There is a no stand-your-ground case out of Oklahoma where Alexander Feaster, 46 is claiming that he shot Kyndal McVey, 27, in the back while she ran away as an act of self-defense. I teach these cases in my torts class and they raise many of the same issues. ” He shot McVey in the lower abdomen and legs as she ran away.
King sued them under the Federal Tort Claims Act and under Bivens v. Justin Sneed murdered Barry Van Treese, owner of an Oklahoma City motel, in one of the guest rooms. Oklahoma (resulting from Glossip’s fourth and fifth applications to that court for post-conviction relief), Glossip now seeks relief from the Supreme Court.
Below is my column in the Wall Street Journal on the ongoing opioid litigation and an important ruling out of the Oklahoma Supreme Court. ” The Oklahoma Supreme Court last week struck down a $465 million opioid award against Johnson & Johnson based on a legal theory that has previously been tried and failed against guns.
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]
Brownback , 22-912 Issue : Whether the Federal Tort Claims Act’s judgment bar, which this court has repeatedly said functions in much the same way as the common-law doctrine of res judicata, nevertheless operates to bar claims brought together in the same action. ” (relisted after the Sept. 13 conferences) King v.
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. The Supreme Court did not grant review in any new cases since our last installment. relisted after the Sept.
Torts, which I have taught for three decades, often involve wrongful deaths where people are held civilly, not criminally liable. When a physician causes the death of a patient through malpractice or company causes the death of a consumer through a product defect, the injuries are generally addressed through tort, not criminal, liability.
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. The court finally denied review on Nov. 20 in six-time relist E.I. du Pont de Nemours & Co. relisted after the Sept. 17 conferences) Glossip v.
My students and I often use such controversies to discuss the scope or application of torts theories. That alone could be the basis for a tort action but what happened next is the more interesting tort issue. The tort has historically been based on negligence, not intent. This one raises a couple of novel elements.
Brownback , 22-912 Issue : Whether the Federal Tort Claims Act’s judgment bar, which this court has repeatedly said functions in much the same way as the common-law doctrine of res judicata, nevertheless operates to bar claims brought together in the same action. ” (relisted after the Sept. 26 and Oct. 6 conferences) King v.
There is an interesting case developing in the University of Oklahoma on free speech on campuses. On the torts question, it could be challenging to prove an intentional infliction of emotional dismiss. The argument goes too far for me from a free speech standpoint. I fail to see the limiting principle.
” The 13 states expressly named are thirteen states: Alabama, Arkansas, Idaho, Kentucky, Louisiana, Mississippi, Missouri, Oklahoma, South Dakota, Tennessee, Texas, West Virginia, Wisconsin, and Oklahoma. Georgia is also named for its severe limitation on abortion rights. cases, including in his concurring opinion in Sosa v.
Oklahoma Statewide Charter School Board v. Oklahoma v. Judicial factfinding for restitution Under Apprendi v. Relisted after the Jan. 10 conference.) Relisted after the Jan. 10 conference.) Relisted after the Jan. 10 conference.)
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