Personal injury “failure-to-warn” suits long have been a well-accepted component of state tort law. Even failure-to-warn claims for intangible injuries such as emotional distress and reputational harm are allowed under certain  circumstances.  But what about the new frontier of Internet-based “informational injuries” allegedly sustained as a result of visiting  business websites that allegedly fail to […]

Petitioner Tyler, a 94 year-old woman, owed $15,000 in local property taxes and related penalties in connection with an abandoned condominium. In accordance with state tax-lien statutes, Hennepin County, Minnesota seized the property, sold it for $40,000, and retained the $25,000 surplus. The Eighth Circuit rejected Tyler’s  contention that the County’s refusal to return the

The certiorari petition in Glenhaven Healthcare LLC v. Saldana, No. 22-192, presents an important and frequently recurring question that has enormous implications for public health as well as civil justice: Whether COVID-19-related personal-injury and wrongful-death suits, which implicate the immunity-from-suit-and-liability provision and additional legal protections expressly afforded to healthcare facilities and workers by the Public Readiness and

On behalf of the Atlantic Legal Foundation  (ALF),  I have filed a merits-stage amicus brief urging the Supreme Court to hold in Mallory v. Norfolk Southern Ry. Co., No. 21-1168, that a nonresident corporation cannot be subjected to a State’s general jurisdiction merely because, as required by the State, it registers to do business. This is

The U.S. Environmental Protection Agency (“EPA”) and the U.S. Army Corps of Engineers impose onerous Clean Water Act permitting requirements in connection with discharge of dredged or fill material on private property that those agencies deem wetlands encompassed by “the waters of the United States”—the vague phrase that Congress chose to define “navigable waters” subject