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Criminal proceedings reach “favorable termination” when they end without conviction

SCOTUSBlog

This constitutional claim is analogous to the tort of malicious prosecution, as the gravamen of both is initiation of criminal charges without probable cause. The elements of the constitutional claim match those of the tort. Alito’s dissent.

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Justices consider next steps in murder case in which prosecution admits error

SCOTUSBlog

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.

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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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Texas Man Invokes “Stand Your Ground” Law After Being Charged For Shooting Man In Parked Car

JonathanTurley

Dghoughi came to this country from Morocco and obtained a master’s degree in financial analysis from Rhode Island’s Johnson & Wales University. Dghoughi’s family can also sue in torts. There is an allowance in torts for mistaken self-defense. “He pointed a gun at me and I shot.”. Raymond , 23 Colo.

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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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In a slew of new cases, the justices take in closer look

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 conference.) Ocean State Tactical, LLC v. Relisted after the Jan. 10 conference.) Relisted after the Jan. 10 conference.) Oklahoma Statewide Charter School Board v.

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