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Federal jurisdiction and the constitutionality of eviction moratoriums

SCOTUSBlog

Konan to determine whether the Federal Tort Claims Act provision exempting claims arising from the loss or miscarriage of letters or postal matter extends to claims that the Post Office deliberately refused to deliver mail to an address. The Supreme Court made short work of two of last weeks first-time relists. 17 conferences.)

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Government contractors’ defenses, election challenges, and intellectual disability in capital cases

SCOTUSBlog

United States , involving the scope of a statute that gives judges discretion to reduce criminal sentences for extraordinary and compelling reasons. Government contractors defenses to torts The GEO Group, Inc. The Supreme Court is making good progress in sorting through the current relists. This week it disposed of four. In Hencely v.

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Liability for undelivered mail and the chilling effect of subpoenas

SCOTUSBlog

Konan sued the USPS under the Federal Tort Claims Act, asserting claims under Texas law for nuisance, tortious interference, conversion, and intentional infliction of emotional distress. It reasoned that loss and miscarriage cover intentional acts, as the statute only qualifies transmission with negligent. But the U.S.

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Too Clever By Half: Why Public Nuisance is Again at the Heart of a Public Health Debate

JonathanTurley

It evolved into a common-law tort to address a broader range of “interests of the community at large—interests that were recognized as rights of the general public entitled to protection,” in the words of the American Law Institute’s Second Restatement of Torts (1965-79). The same result was seen in nuisance claims on lead paint.

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Supreme Court adds four cases to next term’s docket 

SCOTUSBlog

The justices also denied review in several cases that they had repeatedly considered at their private conferences for the past several months, including two challenges to gun-control measures in Rhode Island and Maryland. Those denials are covered in a separate story.) Court of Appeals for the 5th Circuit upheld that decision.

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Red states urge Supreme Court to block suits against big oil

SCOTUSBlog

United States , 24-25 Issue: Whether the Sixth Amendment reserves to juries the determination of any fact underlying a criminal restitution order. Relisted after the Jan. 10 and Jan. 17 conferences.) Ocean State Tactical, LLC v. Relisted after the Jan. 10 and Jan. 17 conferences.) Relisted after the Jan. 10 and Jan 17 conferences.)

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October 2019 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

Rhode Island Federal Court Denied Motion to Stay Remand Order in Rhode Island’s Climate Change Case. Rhode Island v. The court said the laws’ provision for criminal or tort liability for advising, encouraging, or soliciting persons participating in a riot to acts of force or violence was overbroad and vague.

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