Are State Law Climate Change Tort Suits Preempted by Federal Law?
A recent panel discussion on whether state and local suits against fossil fuel producers are preempted by federal law (and my arguments for why the answer is "no, they are not").
A recent panel discussion on whether state and local suits against fossil fuel producers are preempted by federal law (and my arguments for why the answer is "no, they are not").
This used to be possible under the old "alienation of affections" tort, but all but a handful of states have abolished it, and the tortious inducement of breach of contract tort can't fill that gap.
The plaintiffs claimed that 15-year-old Bella Herndon committed suicide because of the film.
The former Attorney General disagrees with me on whether state and local government climate change lawsuits belong in federal court.
the Ninth Circuit rules, though expressly noting that "The question whether the Nevermind album cover meets the definition of child pornography is not at issue in this appeal."
The justices are considering whether to grant certiorari in Minnesota's lawsuit against energy companies.
"Duty of care has worked in other areas," the senator said, "and it seems to fit decently well here in the AI model."
Just published, in our symposium on Artificial Intelligence and Speech; more articles from the symposium coming in the next few days.
Just published, in our symposium on Artificial Intelligence and Speech; more articles from the symposium coming in the next few days.
The Colorado Supreme Court holds that the state constitution precludes revival of claims on which the statute of limitations has expired.
The Seventh Circuit so holds, applying Wisconsin tort law, and not reaching the 47 U.S.C. § 230 issue.
The court also concludes that there is no separate "verbal assault" tort in Mississippi, and that falsely telling spouse "I love you" generally isn't actionable fraud.
"An attorney-client relationship between two adults does not present the same inherent danger or foreseeability" as "a relationship between an adult and a child in a religious organization."
The Eighth Circuit joins the First, Third, Fourth, Ninth, and Tenth in rejecting the arguments for removal, but Judge David Stras writes an interesting concurrence.
Lawyers representing an allegedly duped Buffalo Wild Wings customer demand that the company disgorge its ill-gotten gains.
(Note that this case is about immunity when Internet platforms provide access to material, not the separate question about immunity when Internet platforms block access to material.)
The Yale Law School DinnerPartyGate lawsuit (Stubbs v. Gerken) can go forward on an interference with prospective business relationships claim, based in large part on the law school's alleged interference with plaintiffs' clerkship opportunities, though the other claims are dismissed.
Five Circuits have considered, and rejected, fossil fuel efforts to get state-law tort and nuisance claims removed to federal court. Will their luck change in the Supreme Court?
Is negligently providing information to a dangerous person comparable to negligently entrusting a gun to a dangerous person (assuming a reasonable person would have realized the person was dangerous)?
Under N.Y. law, the court holds, a jury could find that the alleged touching could qualify as touching of "intimate parts," based on its context.
A new decision from the Georgia Court of Appeals.
Research conducted with sitting judges suggests that autonomous vehicles will be judged more harshly than conventional vehicles.
if it's done without adequate investigation, and as a means of retaliating against the teenager's parent.
An interesting discussion of the question—with a vivid example—in a South Carolina case.
Plaintiff had been an Iranian citizen exposed to asbestos in Iran, from 1959 to 1979; he then moved to California (after defendants' negligent conduct took place), and developed mesothelioma and died.
The interesting legal issue is whether the parents converted his property "for [their] own use," thus entitling him to three times the actual damages under Michigan law.
The same logic could apply when churches, synagogues, mosques, bookstores, gun stores, fur stores, and similar places are targeted by their enemies. We've filed an amicus brief before the Georgia Court of Appeals, in support of getting the verdict reversed.
(1) Black Lives Matter demonstrations. (2) Trump-fans-vs.-Biden-bus demonstrations.
The Court avoids, at least for now, the First Amendment question by instructing the Fifth Circuit to ask the Louisiana Supreme Court to decide whether Louisiana state law even allows negligence liability in the case.
Even after the shutdown orders are lifted, businesses may fear liability if they reopen and someone supposedly gets sick as a result—when Congress concludes reopening is safe, should it block such liability?
More on Doe v. Mckesson, the Baton Rouge Black Lives Matter case.