SCOTUSBlog

NOVEMBER 29, 2021

In 2016, she sought physical therapy services for back pain from respondent Premier Rehab, a company that operates rehabilitation facilities in Texas and receives federal funds. The same is true, in effect, of other antidiscrimination statutes, such as Title IX. Cummings primarily communicates in American Sign Language.

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SCOTUSBlog

FEBRUARY 26, 2025

Texas 24-557 Issue : Whether a trial court abridges a defendants Sixth Amendment right to counsel by prohibiting the defendant and his counsel from discussing the defendants testimony during an overnight recess. courts to adjudicate foreign environmental tort claims. Villarreal v. Nutramax Laboratories, Inc. Webb Company v.

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SCOTUSBlog

JULY 1, 2021

20-219 , asks whether the compensatory damages available under Title VI of the Civil Rights Act and the statutes that incorporate its remedies, such as the Rehabilitation Act and the Affordable Care Act , include compensation for emotional distress. The solicitor general recommends the court grant review. Cummings v. CVS Pharmacy Inc.

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Compensatory Damages Government Cause of Action Court 103

JonathanTurley

OCTOBER 13, 2021

The laws have produced perverse results as in the controversial case of Tom Horn in Texas. I do not believe that Maryland has a specific Castle Doctrine statute. These laws are based on an urban legend that people are routinely prosecuted for defending their homes from intruders. ” The rule is.

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Statute Laws Tort Criminal Law 44

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.

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Tort Litigation Litigating Construction 59

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.

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SCOTUSBlog

JUNE 16, 2022

Monsanto had argued that FIFRA labeling provisions preempted state tort causes of action for failure to warn. Texas , a habeas case involving a death-row defendant. But on remand, the Texas court ruled that the inadequate counsel had not prejudiced Andrus. But at the end of all that, the court simply denied review.

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Government Education Court Cause of Action 108

SCOTUSBlog

APRIL 21, 2021

United States that the Federal Tort Claims Act, through which Congress generally waived the federal government’s sovereign immunity from tort liability, does not extend to service-members’ injuries that “arise out of or are in the course of activity incident” to a person’s active duty service in the military. United States , 20-559.

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Tort Court Government Entertainment 106

Conflict of Laws

FEBRUARY 29, 2024

Bowman , which addresses the scope of federal criminal statutes, into its current extraterritoriality framework. Meanwhile, a Texas state court held that a Canadian judgment did not violate Texas public policy even though it awarded speculative damages.

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Laws Court Divorce Tort 75

JonathanTurley

OCTOBER 31, 2023

The result is a wicked brew of negligence, product defects, intentional torts, and every other tort and crime known above the netherworld. So without further ado, here are this year’s spookiest of torts. Both Kelly and Rando sued for torts ranging from assault to intentional infliction of emotional distress.

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Tort Lawyer Lawyers Personal Injury Lawyer 57

JonathanTurley

DECEMBER 19, 2021

I’ve discussed the New York public nuisance law aimed at gun manufacturers, a law that doubles down on a failed legal theory using torts as a substitute for direct legislative bans or barriers. After all, who needs Texas when gun rights advocates have New York? You can find his updates on Twitter @JonathanTurley.

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SCOTUSBlog

JANUARY 16, 2025

Court of Appeals for the 6th Circuit affirmed , holding that because a federal agency now has the final say over how the private horse-racing authority implements the federal statute, the amended law did not impermissibly delegate authority to a private entity. Court of Appeals for the 8th Circuit affirmed that ruling. Relisted after the Jan.

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ClimateChange-ClimateLaw

NOVEMBER 16, 2020

The First Circuit—like the Fourth, Ninth, and Tenth Circuits in other climate change cases—concluded that the scope of its appellate review was limited to whether the defendants properly removed the case under the federal-officer removal statute. BP America Inc. , 1:20-cv-01429 (D. Exxon Mobil Corp. City of San Francisco , No. 20-0558 (Tex.

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Cause of Action Court Government Litigating 96

ClimateChange-ClimateLaw

FEBRUARY 10, 2021

Circuit also concluded that two petitioners—Texas Public Policy Foundation and Competitive Enterprise Institute—lacked organizational standing to challenge EPA’s authority to promulgate the ACE Rule. The magistrate judge concluded that the suit was barred by the statute of limitations. Finally, the D.C. WildEarth Guardians v.

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Court Reporting Construction Court Government 45

ClimateChange-ClimateLaw

JUNE 8, 2021

Supreme Court held that the Fourth Circuit Court of Appeals erred when it concluded that its review of the remand order in Baltimore’s climate change case against fossil fuel companies was limited to determining whether the defendants properly removed the case under the federal officer removal statute.

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Court Statute Government Litigating 45

ClimateChange-ClimateLaw

NOVEMBER 7, 2017

Department of Energy’s (DOE’s) authorization of liquefied natural gas (LNG) exports from three facilities in Louisiana, Maryland, and Texas. The court also dismissed defamation and related state tort claims. The court addressed three narrow issues that remained in one or more of the cases.

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ClimateChange-ClimateLaw

JULY 2, 2021

The Court held that the provision used “extension” in its “temporal sense,” but that the statute did not impose a “continuity requirement” and instead allowed small refineries to apply for hardship extensions “at any time.” In re Enbridge Energy, LP , Nos.

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Court Litigating Statute Litigation 49

ClimateChange-ClimateLaw

FEBRUARY 10, 2020

General Land Office of the State of Texas v. The Fifth Circuit’s opinion did not mention climate change, but climate change was one of the additional threats to the warbler that the FWS said the delisting petition failed to present information to address. Department of the Interior , No. 19-50178 (5th Cir. City of Oakland v.

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Court Reporting Court Government Construction 40

ClimateChange-ClimateLaw

APRIL 9, 2021

In Minnesota, the district court granted the State of Minnesota’s motion to remand its case, which asserts state law claims under common law and consumer protection statutes. s consumer protection statute. Corps of Engineers permit for a natural gas pipeline in Texas until the Corps completes reconsideration of the permit.

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Court Statute Litigating Litigation 122