For years, criticizing gender reassignment surgeries for minors would unleash a cancel campaign over being “transphobic” and intolerant. The media amplified such attacks. Then the issuance of the Cass Independent Review of Gender Identity Services for Children and Young People led countries to significantly curtail such procedures in Europe. However, many academics in the United States continue to push back on the Cass Report and the effort to curtail transitioning procedures for children. Now, the American Society of Plastic Surgeons has published a position statement recommending that surgeons delay gender reassignment surgeries until a patient is 19-years-old. Continue reading “Major Medical Group Comes Out Against Gender Reassignment Surgeries for Minors”
Category: Torts
There is an interesting controversy brewing at Starbucks after a former executive, Janice Waszak, sued the company over her firing as wrongful termination due to her exposure of alleged defects in new store equipment, including a coffee maker that has an alleged maggot problem. She also alleged sex discrimination. Starbucks insists that the allegations are “entirely without merit.”
In the last week, protesters in Minneapolis began putting up barricades to create checkpoints that bar federal immigration officers from entering certain neighborhoods. It is all too familiar to those of us who remember what the mayor in 2020 called “the Summer of Love” in Seattle and the establishment of an autonomous area known as the Capitol Hill Organized Protest (CHOP). Ironically, these barricades are being set up after a jury ruled against the City of Seattle for negligence after the killing of 16-year-old Antonio Mays Jr. in CHOP. Continue reading “Chopped: Seattle Found Liable for $30 Million Over Death During the “Summer of Love””
In New York, a jury has now handed down what it viewed as the first successful lawsuit against doctors accused of malpractice over a gender transitioning surgery. The jury awarded $2 million to Fox Varian, 22, over the double mastectomy performed on her while she was a minor. Psychologist Kenneth Einhorn and surgeon Simon Chin were held responsible in Westchester County Supreme Court in White Plains for failing to follow the standards of care of reasonable doctors.
Continue reading “New York Jury Awards $2 Million in Malpractice Case Over Gender Transitioning Surgery”
There is a notable torts verdict in Maryland where a jury handed down a multi-million dollar verdict against Walmart for selling a shotgun to an employee who used it to commit suicide. The verdict raises difficult questions over Walmart’s responsibility for the suicide of Jacob Mace, who lied to store employees, under common law torts. Continue reading “Maryland Jury Rules Walmart Liable for Selling Shotgun Used in Employee Suicide”
Former Secretary of State and two-time presidential loser Hillary Clinton has triggered yet another question of defamation in the political arena with an attack on President Donald Trump on the fifth anniversary of the January 6 riot. Clinton claimed that Trump “urged” supporters to “attack Congress.” That is untrue. However, Clinton can rely on tort doctrine to shield her from potential defamation liability.Continue reading “Can Hillary Clinton Be Sued for the False Claim About Trump’s J6 Culpability?”
A district court in Delaware this week handed down McGillvary v. Grande, a case with some interesting tort elements — and a heck of an underlying story. Judge Jennifer Hall ruled against Caleb McGillvary (aka “Kai the Hatchet-Wielding Hitchhiker”) in his defamation claim against Todd Grande. McGillvary brought the action despite currently serving a 57-year sentence in a New Jersey state prison for first-degree murder. Continue reading ““Smash, Smash, SUH-MASH!”: Court Axes Case of Kai the Hatchet-Wielding Hitchhiker”
Years ago, I called the pandemic arguably the greatest case of negligence in the history of torts. However, with millions dead and hundreds of billions expended, it was unlikely that China would ever be truly held accountable for its actions. Those failures include not only the alleged release of the virus from the Wuhan lab but also China’s concealment of the release until it had spread globally. A $24 billion judgment was secured in Missouri earlier this year, but China defied the verdict.
Now, it has countersued, naming former Missouri Attorney General and now Sen. Eric Schmitt, R-Mo., among others as defendants. Even by the standards of the Chinese legal system, this action is legally absurd. However, in the CCP-controlled court system, the verdict is little in doubt. Continue reading “China Sues Sen. Schmitt and Others For Defamation Over COVID-19 Lawsuit”
Many years ago, as a law student, I had the honor of working with the great prosecutor William J. Kunkle Jr., who put away John Wayne Gacy. I was a young intern at the litigation firm of Phelan, Pope & John and loved listening to Bill’s stories about his famous cases. I even had to take a couple of calls from Gacy from prison when Bill was out. (I was asked to write down everything that he would say in the routine calls. On one call, Gacy told me, “Tell Bill he was wrong. I was not guilty of homicide. I was guilty of running an indoor funeral parlor without a license.”). One story of Bill’s came to mind last night when Democrats released their latest tranche of “bombshell” photos from the Epstein files to suggest that Trump is implicated in the scandal. Continue reading “Cover-Up or Frame-Up? How the Democratic Epstein Releases are a Classic Example of False Light”
This week, the lingering allegations over the marital history of Rep. Ilhan Omar (D., Minn.) took an ominous step when Border Tsar Tom Homan publicly acknowledged that the government is looking into the matter. Rep. Omar has long denied that she married her brother to gain his entry into the United States, but the allegation has continued to rage on the Internet and among her critics. The question is whether this is a substantive case of fraud or defamation. Continue reading “Border Tsar Homan Announces Investigation into Rep. Omar: A Case for Fraud or Defamation?”
The Centers for Disease Control and Prevention (CDC) just issued a report on a bizarre case involving the death of a transplant patient after he was given a kidney from a donor with rabies. The report would suggest a strong case for liability under the existing tort doctrine.
Continue reading “Patient Dies After Being Given Organ from Donor With Rabies”
Last night, I gave my final in both of my torts classes at George Washington University. I teach dram shop litigation and a new case involving Royal Caribbean could well be part of next year’s lecture. The company is being sued by the family of a 35-year-old man who died aboard a Royal Caribbean cruise after allegedly being served 33 alcoholic drinks and then restrained (and drugged) when he allegedly became violent. Notably, the medical examiner ruled his death a homicide. The family has filed a civil complaint in the U.S. District Court for the Southern District of Florida. Continue reading “The Death of Michael Virgil: Royal Caribbean Faces Major Torts Case Over the Death of a Passenger”
We have been discussing how ChatGPT is accused of encouraging the suicide of various individuals as well as the defamation of other individuals. Various lawsuits have been filed against the company, but now federal prosecutors have indicated that ChatGPT may have played a role in enabling or encouraging an accused criminal stalker. Continue reading “ChatGPT Accused of Encouraging Alleged Serial Stalker in Latest OpenAI Controversy”
Scandinavian countries are moving to suspend the mandated use of Bovaer, a methane-reducing additive designed to reduce bovine flatulence. A contributor to methane pollution, cow farts were supposed to be reduced by the additive to reduce climate-harming pollutant. However, there are widespread reports of collapse, lethargy, reduced feed intake, fever, diarrhea, and significant drops in milk production. There are also reports of cow miscarriages and deaths, though most involve discomfort and farmers reported that the cows improved after cessation of the supplement. What could follow is a colossal product liability lawsuit.
I have previously expressed skepticism over some defamation cases against the media brought by President Donald Trump under existing case law. However, comedian Rosie O’Donnell may have supplied the President with a another defamation case if she cannot back up sensational claims made against the President to her 2.9 million TikTok followers. She states as a fact that the President is an “adjudicated rapist” and settled child abuse cases.