The California Court of Appeal, First Appellate District, recently affirmed judgment in favor of a fruit snack manufacturer who claimed “fruit” was stated to be the first ingredient on a front label but listed “fruit puree”...more
On June 24, 2019, the United States Supreme Court decided Dutra Group v. Batterton, No. 18-266, holding that a plaintiff may not recover punitive damages on a claim of unseaworthiness.
Christopher Batterton worked as a...more
On June 20, 2019, the United States Supreme Court decided McDonough v. Smith, No. 18-485, holding that the statute of limitations for a fabricated-evidence claim under 42 U.S.C. §1983 begins to run when the criminal...more
6/21/2019
/ 42 U.S.C. §1983 ,
Acquittals ,
Appeals ,
Cause of Action Accrual ,
Common Law Claims ,
Constitutional Challenges ,
Criminal Prosecution ,
False Evidence ,
Loss of Liberty ,
Malicious Prosecution ,
McDonough v Smith ,
Reaffirmation ,
Reversal ,
SCOTUS ,
Statute of Limitations ,
Time-Barred Claims
On June 17, 2019, the United States Supreme Court decided Manhattan Community Access Corp. v. Halleck, No. 17-1702, holding that a private nonprofit corporation that operates the public-access channels on the cable system in...more
6/18/2019
/ Appeals ,
Cable Television Providers ,
First Amendment ,
Free Speech ,
Independent Films ,
Manhattan Community Access Corp v Halleck ,
Nonprofits ,
Private Actors ,
Public Access Television ,
Public Forum ,
Reversal ,
SCOTUS ,
State Action Doctrine ,
State Actors ,
State Contracts ,
Suspensions ,
Time Warner ,
Viewpoint Discrimination
On March 26, 2019, the U.S. Supreme Court decided Republic of Sudan v. Harrison et al., No. 16-1094, holding that the Foreign Sovereign Immunities Act of 1976 (FSIA) requires a mailing to be sent directly to the foreign...more
3/27/2019
/ Appeals ,
Foreign Minister ,
Foreign Sovereign Immunities Act of 1976 (FSIA) ,
Foreign Sovereigns ,
International Litigation ,
Remand ,
Republic of Sudan v Harrison ,
Reversal ,
SCOTUS ,
Service by Mail ,
Service of Process
On February 21, 2018, the United States Supreme Court decided Murphy v. Smith, No. 16-1067, holding that when a prisoner receives a judgment under certain civil rights statutes, the district court must apply as much of the...more
2/22/2018
/ 42 U.S.C. §1983 ,
Appeals ,
Attorney's Fees ,
Civil Rights Act ,
Judicial Discretion ,
Money Judgment ,
Murphy v Smith ,
Prison Guards ,
Prisoners ,
Reaffirmation ,
Reversal ,
SCOTUS