Can I Still Recover If I Was Partly at Fault?

The UN Office of the High Commissioner for Human Rights (OHCHR) on Friday praised the recent advisory opinion from the Inter-American Court of Human Rights (IACHR) as a “landmark step forward,” urging states to take meaningful action through legislation, policymaking, and international cooperation. The IACHR released Advisory Opinion 32/25 on Thursday, which addressed signatory states’ human rights obligations under the American Convention on Human Rights (American Convention) in the face of climate change.  The opinion was issued in response to a request submitted by the governments of Chile and Colombia last year. The court concluded that “the current situation constitutes a climate emergency due to the accelerated increase in global temperature, resulting from several human activities, produced unequally by States in the international community, which increasingly affect and pose a serious threat to humanity and especially to those in a…

In Trump v. CASA, Inc., the Supreme Court held, 6 to 3, that federal courts lack the authority to issue universal injunctions if an injunction limited to the plaintiffs in that case will give those plaintiffs all the relief to which they’re entitled. The decision was based on two main conclusions: (1) “A universal injunction can be justified only as an exercise of equitable authority,” and (2) the Judiciary Act of 1789 is the fount of federal courts’ equity jurisdiction and is properly read through the lens of equitable relief available to the English High Court of Chancery at that time, when “[n]either the universal injunction nor any analogous form of relief” was available.[1] Importantly, though, in footnote 4, the Court provided this disclaimer: “Our decision rests solely on the statutory authority that federal courts possess under the Judiciary Act of 1789. We express no view on the Government’s argument that Article III…

The ABA Council has proposed expanding the number of required experiential credits at ABA-accredited law schools from six to twelve credits. This is a remarkably modest requirement, representing less than 15% of a student’s JD work. The Council’s memo lays out the extensive research supporting this requirement. For decades, empirical scholars, employers, and law graduates have agreed that newly licensed lawyers lack essential competencies to serve clients effectively. Graduates need additional education before they are able to counsel clients effectively, negotiate strategically, understand the full context of client matters, and solve complex problems. Experiential Education Reinforces Doctrinal Learning As I explained in a comment to the Council, research from cognitive scientists offers further support for the Council’s proposal. Adults struggle to remember doctrinal principles taught in a classroom, even when the classroom instruction includes…

Understanding your rights and what to do if your insurer isn’t acting fairly When disaster strikes, whether it’s a hurricane, flood, or other unexpected event, Louisiana homeowners rely on their insurance policies to protect their property and financial well-being. Unfortunately, not every insurance claim is handled fairly. Sometimes insurance companies […] The post How Bad Faith Insurance Laws Protect Louisiana Homeowners appeared first on Bloom Legal Network.

“Normally we interpret the golden rule as telling us how to act. But in practice its greater role may be psychological, alerting us to everyday self-absorption, and the failure to consider our impacts on others. The rule reminds us also that we are peers to others who deserve comparable consideration.” Internet Encyclopedia of Philosophy In The Golden Rule of Constitutional Interpretation, published in VERDICT: Legal Analysis and Commentary from Justia on July 1, 2025, UC Davis Law Professor Vikram David Amar and Professor Emeritus Alan E. Brownstein explore the imperative of applying constitutional principles consistently, irrespective of political affiliations or desired outcomes. Drawing on examples from case law involving free speech, federalism, and equal protection, the authors advocate for what they term a “Golden Rule” approach to constitutional interpretation: legal standards should be applied evenly, even when doing so produces results…

What To Look For And Where To Find It The trucking industry is itself complex and heavily regulated by federal law, which means that commercial truck crashes are complex. Locating and holding all of the entities responsible for the crash, not just the driver, is often necessary. The best truck crash attorney knows how to investigate all the relationships between a trucker, trucking companies, brokers, and shipping companies that may hide or make themselves hard to find. This is difficult and time-consuming, but it is absolutely essential to hold all responsible parties accountable and make a truck crash victim whole. Catastrophic Crash… BUT Minimum Insurance Limits Large trucks, particularly fully loaded semi trucks, can cause serious injuries and death even at low speeds. When faced with a crash that caused catastrophic injuries and the large past and future medical expenses that result, many insurers will quickly attempt to tender policy limits. Federal…

Writes Adam Liptak, in The New York Times, about Ketanji Brown Jackson.“We will not dwell on Justice Jackson’s argument, which is at odds with more than two centuries’ worth of precedent, not to mention the Constitution itself,” Justice Barrett wrote, in an opinion [in Trump v. CASA] signed by all five of the other Republican appointees.“The principal dissent focuses on conventional legal terrain,” Justice Barrett went on, referring to Justice Sotomayor’s opinion. “Justice Jackson, however, chooses a startling line of attack that is tethered neither to these sources nor, frankly, to any doctrine whatsoever.”...I think Liptak is trying to build Jackson's reputation. He writes things like: "Justice Jackson has appeared comfortable expressing herself from the start." He compares her to Justice Breyer and Justice Brandeis:“I was frightened to death for the first three years,” Justice Breyer said in a…

Understanding Fraudulent Transfers and Venue Disputes in Texas Divorce Cases: A Deep Dive into Flightline Escrow, LLC v. Leavelle When navigating a divorce in Dallas, Texas, complex legal issues like fraudulent transfers and venue disputes can significantly impact the division of marital assets. The recent Texas Court of Appeals case, Flightline Escrow, LLC v. Leavelle (2025), provides critical insights for spouses and divorce attorneys dealing with allegations of hidden assets and improper venue rulings. This case, originating in Bandera County and involving a transfer to Tarrant County, underscores the importance of understanding tort claims, severance, and mandamus relief in divorce proceedings. As experienced Dallas divorce lawyers, we break down this case to help you protect your rights and secure a fair division of community property. What Is Flightline Escrow, LLC v. Leavelle About? The Flightline Escrow, LLC v. Leavelle case, decided by the Texas Court of Appeals in El…

In Illinois, if your spouse empties a joint bank account before or during a divorce, you can’t rely on automatic protections but you can file a motion for temporary relief or to maintain the financial status quo. Courts can order the funds restored or award you temporary support. Act quickly and consult an attorney to restore financial security to your household. Can A Spouse Legally Empty A Joint Bank Account Before Or During An Illinois Divorce? Before a divorce is filed, there is no mechanism to prevent anyone from emptying a bank account. The parties are only limited by the rules the bank set for the account. Unfortunately, after a divorce is filed there is no automatic mechanism in Illinois to prevent a spouse from emptying a bank account before or during an Illinois divorce. It may seem ridiculous that one spouse can go nuclear and deprive the other spouse of any money to spend, live on or even eat. Other states have something called an “automatic stay”…

Trade secret statutes are generally similar. For example, Florida’s trade secret statute defines trade secrets as information deriving independent economic value from not being readily ascertainable by others through proper means and is the subject of reasonable efforts under the circumstances to maintain the information’s secrecy. Fla. Stat. § 688.002. California likewise defines trade secrets as information deriving independent economic value from not being generally known to the public or to other persons who can obtain economic value from the information’s disclosure and is the subject of efforts that are reasonable under the circumstances to maintain the information’s secrecy. Cal. Civ. Code § 3426.1.  However, the federal trade secret statute has one important difference separating it from state trade secret statutes like Florida and California. The federal Defend Trade Secrets Act (DTSA) requires the trade secret to be associated…

*Reminder  Postprints of articles published in the journals below that are marked with an asterisk can be archived/deposited in a repository immediately after publication (like the Forced Migration Research Archive) - i.e., there is no embargo period! This allows authors to provide open access to their scholarly journal articles without having to pay costly publication fees. Please refer to this earlier blog post for more information. Authors of open access articles in these journals are also encouraged to deposit their work in the Forced Migration Research Archive (FMRA). The submission form and guidelines are available on FMRA's website.________________________________________________________________African Human Mobility Review, vol. 11, no. 1 (2025) [open access]- Mix of articles.AJIL Unbound, vol. 119 (2025) [open access]- Symposium on "Financing Climate Mobility."AJIL Unbound, vol. 119 (2025) [open access]- Symposium on "Transdisciplinary…

Campus architecture aesthetics really do matter, to both staff and students inhabiting a place.  Wherever I am in the world, I love exploring them – they say so much about the values and character of the institution.  During my two weeks here on the University of Leeds campus every day I walked a different route from the town centre hotel up the hill to the law school, through a densely-built but green campus, with lovely features to it. One day was a faculty graduation, with students getting photographed on campus by relatives and friends.  Here’s the fab four, but without the white VW, and I caught George Harrison at the back at an odd moment when he was adjusting his stance, looking down at an image of the LP cover on his phone to get it right, their photographer further down the hill waiting for the right moment. The law school is at the top of the hill, beside Hyde Park.  It was completed around 2011 – reminds me of the new QUB…

As more Americans buy or inherit homes abroad, especially in places like Canada, they face special legal and tax challenges when it comes to estate planning. Each country has its own inheritance laws, and a will written in the U.S....

For the Balkinization symposium on Free Speech in Crisis and the Limits of the First Amendment.Genevieve Lakier [This is Part One of a two part essay.] The United States is currently facing the most serious attack on freedom of speech that anyone reading this has likely experienced in their lifetime. Over the past hundred or so days, the Trump administration has attempted to undermine the independence of not merely some of the institutions that traditionally fuel and shape the democratic public sphere in the United States, but virtually all of them. The administration has used the levers of federal power to punish, or threaten to punish, members of the news media, universities, law firms, libraries, not to mention many of the federal scientific and data-gathering bureaucracies. Even major public cultural institutions like the Kennedy Center and the Smithsonian have been targeted as part of this campaign of what can only be described as a project of ideological…

Losing a spouse is not only an emotional and personal tragedy—it can also bring a complex and overwhelming set of financial challenges. From handling funeral expenses to adjusting to a reduced household income, surviving spouses are often faced with decisions that can significantly affect their financial stability. Understanding the full range of financial implications, including those related to Social Security benefits, taxes, credit, and daily living costs, is crucial to building a path forward. This article explores the key financial burdens surviving spouses commonly face, offering insights and guidance to help navigate this difficult transition. 1. Loss of Income and Social Security Adjustments One of the most immediate financial impacts is the potential reduction in household income. For couples who relied on two income streams—whether from jobs, retirement funds, or Social Security—the loss of one stream can significantly affect monthly finances.…

Russia became the first country to formally recognize the Taliban government in Afghanistan on Thursday, according to local media, with the Taliban flag being hung from the embassy in Moscow. Earlier this year, Russia removed the Taliban from a list of terrorist organizations, “citing the need for cooperation in combating drug trafficking and terrorism, as well as building economic ties.” The Taliban regained control of Afghanistan in 2021, following the withdrawal of US and NATO forces. Since then, human rights organizations have reported on the worsening human rights situation in Afghanistan. In February, human rights groups noted a decline in media freedom, including restriction of political and economic programs by local Afghan media outlets, and an increase in harassment and detention of journalists. In April of this year, UN experts urged the Taliban to terminate capital and corporal punishments after four executions took place, stating that public executions…

The US Supreme Court on Thursday agreed to hear a pair of consolidated cases that could reshape the legal landscape for state-run transportation systems operating across state lines. The court granted limited certiorari to determine whether the New Jersey Transit Corporation (NJ Transit) qualifies as an “arm of the state” entitled to interstate sovereign immunity in negligence lawsuits filed outside New Jersey. At the heart of the dispute is a clash between rulings from New York and Pennsylvania’s highest courts over whether NJ Transit, which operates one of the largest public transportation networks in the country, can be sued in state courts outside New Jersey for injuries caused by its buses and trains. The legal question has significant practical implications: NJ Transit buses and trains routinely operate across state lines, serving millions of riders annually throughout New Jersey, Pennsylvania, and New York. But depending on where a lawsuit is filed, the…

"Democrats are playing a verbal shell game, pointing to federal law to say that Medicaid dollars can't legally go to illegal aliens, so there is no money to be saved by cutting those funds off." The post If Illegals Aren’t Receiving Federal Medicaid Benefits, Why Are Blue States Suing to Protect Their Data? first appeared on Le·gal In·sur·rec·tion.