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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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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. (Relisted after the Dec. The Supreme Court made short work of two of last weeks first-time relists.

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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. Relisted after the Dec. 28, March 7, March 21, March 28 and April 4 conferences.) Ocean State Tactical, LLC v.

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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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Justices take up Texas woman’s claim against USPS

SCOTUSBlog

Court of Appeals for the 5th Circuit ruled that the exception to the Federal Tort Claims Act for claims that arise out of the loss or miscarriage of letters or postal matter does not apply to claims that stem from a USPS employees intentional failure to deliver mail to a designated address. The court granted U.S. Postal Service v.

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