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No civil liability for sharing truthful information about matter of public concern.

Day on Torts

Plaintiffs next attempted to rely on a case from Washington to support the assertion that defendant’s distribution of the photos was outrageous. This case is an important read for anyone litigating a tort case involving a matter of public concern. Summary judgment was therefore affirmed.

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The Case for Punishing ‘Police Bystanders’

The Crime Report

For the sake of civilian safety, police must intervene if they see misconduct by colleagues,, according to a forthcoming paper in the George Washington Law Review. Kaufman, who is also a Visiting Associate Professor of Law, Washington University in St. Compulsory training on this “duty” would augment its effectiveness, Kaufman adds.

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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).

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The long conference’s relists

SCOTUSBlog

Ferguson involves a First Amendment challenge to Washington state’s law prohibiting “conversion therapy,” the practice of seeking to change a gay or transgender person’s sexual orientation or gender identity through counseling. King sued them under the Federal Tort Claims Act and under Bivens v. ” (relisted after the Sept.

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Update: Upcoming Hearings on Motions to Dismiss Climate Change Nuisance Cases in California and New York

ClimateChange-ClimateLaw

There are eight other climate change tort cases pending: six alleging nuisance and a variety of other state common law violations in California courts, one claiming state public nuisance along with other state common law and statutory violations in Colorado, and one claiming state public nuisance and trespass in Washington.

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The Illusion of Action: Cuomo’s New Gun Manufacturer Liability Law is a Colossal Misfire

JonathanTurley

The New York law focuses on an exception under the law if a company “knowingly violated a state or federal statute applicable to the sale or marketing” of firearms. Beretta , the Second Circuit left open what a “predicate statute” might look like for the exception, but it rejected the prior nuisance statute.

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Whether “bump stocks” are “machineguns,” and a very specific arbitration issue

SCOTUSBlog

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. In Cargill , the en banc U.S.

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