Petitioner advances several contentions as to why the judgment is contrary to decisions of this Court holding that the First and Fourteenth Amendments of the United States Constitution limit the authority of state courts to
impose liability for damages based on defamation.
Not exact matches
(B) Except in the normal performance of duty as a mobility or signal aid, this paragraph does not prevent the owner of a housing accommodation from establishing terms in a lease or rental agreement that reasonably regulate the presence of guide dogs, signal dogs, or service dogs on the premises of a housing accommodation, nor does this paragraph relieve a tenant from any
liability otherwise
imposed by law
for real and personal property
damages caused by such a dog when proof of the
damage exists.
«But
damages can be awarded only
for harm «actually incurred,» and Plaintiffs allege at most speculative future harms that may never eventuate... Plaintiffs» requested
damages award would also violate Defendants» constitutional due process rights by
imposing massive retroactive
liability for conduct that was legal — in fact, encouraged — at the time it occurred (and still is today), as well as
for protected First Amendment activities.»
Despite this general rule, courts have struggled with questions involving making owners of programmed systems responsible
for damages suffered by third parties as a result of their use, in many cases due to policy concerns about
imposing such
liability... there is a significant difference between an entity that makes copies at the request of an individual and an entity that uses pre-programmed computers to carry out the request automatically...
Tort Claim: a claim
for damages based on a wrongful act, other than a breach of contract, that injures another and
for which the law
imposes civil
liability.
«Before any due process
liability can be
imposed for property
damage occurring in a lawful search, it must be established that the police acted unreasonably or maliciously in bringing about the
damage.»
(1) extending negligent misrepresentation beyond «business transactions» to product
liability, unprecedented in Texas; (2) ignoring multiple US Supreme Court decisions that express and implied preemption operate independently (as discussed here) to dismiss implied preemption with nothing more than a cite to the Medtronic v. Lohr express preemption decision; (3) inventing some sort of state - law tort to second - guess the defendant following one FDA marketing approach (§ 510k clearance) over another (pre-market approval), unprecedented anywhere; (4) holding that the learned intermediary rule does not apply whenever a defendant «compensates» or «incentivizes» physicians to use its products, absent any Texas state or appellate authority; (5)
imposing strict
liability on an entity not in the product's chain of sale, contrary to Texas statute (§ 82.001 (2)-RRB-; (6) creating a claim
for «tortious interference» with the physician - patient relationship, again utterly unprecedented; (7) creating «vicarious» breach of fiduciary duty
for engaging doctors to serve as expert witnesses in mass tort litigation also involving their patients, ditto; and (8) construing a consulting agreement with a physician as «commercial bribery» to avoid the Texas cap on punitive
damages, jaw - droppingly unprecedented.