Search : U.S. Supreme Court : Injury And Tort Law : From 10/01/06 To 07/01/07
Number of summaries found: 4
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| Court: | U.S. Supreme Court |
| Topic: | Civil Procedure, Civil Rights, Constitutional Law, Criminal Law & Procedure, Injury And Tort Law |
| Title: | Wallace v. Kato |
| Date: | 02/21/07 |
| Case Number: | 05-1240 |
| Summary: | The statute of limitations for a 42 U.S.C. section 1983 claim seeking damages for a false arrest in violation of the Fourth Amendment, where the arrest is followed by criminal proceedings, begins to run at the time the claimant becomes detained pursuant to legal process. |
| Court: | U.S. Supreme Court |
| Topic: | Civil Procedure, Constitutional Law, Consumer Products, Injury And Tort Law, Product Liability, Remedies |
| Title: | Philip Morris USA v. Williams |
| Date: | 02/20/07 |
| Case Number: | 05-1256 |
| Summary: | A punitive damages award, based in part on a jury's desire to punish a defendant for harming nonparties, amounts to a taking of property from the defendant without due process. A judgment rejecting a tobacco company's challenges to a punitive damages award against it in a negligence and deceit case is vacated where the Oregon Supreme Court applied the wrong constitutional standard when considering the tobacco company's appeal. |
| Court: | U.S. Supreme Court |
| Topic: | Administrative Law, Civil Procedure, Government Law, Injury And Tort Law, Labor & Employment Law |
| Title: | Osborn v. Haley |
| Date: | 01/22/07 |
| Case Number: | 05–593 |
| Summary: | In the context of the Westfall Act, which accords federal employees absolute immunity from tort claims arising out of acts undertaken in the course of their official duties, the Attorney General's scope-of-employment certification is conclusive for purposes of removal. Once certification and removal are effected, exclusive competence to adjudicate the case resides in the federal court, and that court may not remand the suit to the state court. Also, Westfall Act certification is proper when a federal officer charged with misconduct asserts, and the Attorney General concludes, that the incident or episode in suit never occurred. |
| Court: | U.S. Supreme Court |
| Topic: | Government Law, Injury And Tort Law, Labor & Employment Law |
| Title: | Norfolk Southern Railway Co. v. Sorrell |
| Date: | 01/10/07 |
| Case Number: | 05–746 |
| Summary: | In cases under the Federal Employers' Liability Act (FELA), railroad negligence and employee contributory negligence are governed by the same causation standard. |