We have previously discussed the problems of lawyers with being attacked by ex-girlfriends for their alleged bad relationships. The latest such story involves attorney Matthew Couloute Jr. who sued a former roller derby queen Stacey Blitsch and another ex for their posts about him at liarscheatersrus.com. The site still has a place for Couloute comments. Now, federal Judge Harold Baer has tossed out the defamation lawsuit as improperly based on protected opinion. In this case, the opinion that Couloute is a collossal loser. [Just for the record, I want to note that I have not dated Couloute and that I am merely repeating the opinion of those who have dated Couloute].
Archive for the 'Torts' Category
New York Lawyer Loses Defamation Claim Against Ex-Girlfriends Who Posted Comments On Liarscheatersrus.com
Published 1, February 22, 2012 Lawyering , Media , Society , Torts 18 CommentsBabeu in Arms: Will The Sheriff Sue [Or Be Sued] For Defamation?
Published 1, February 21, 2012 Bizarre , Politics , Society , Torts 23 Comments
Mitt Romney is out another supporter. Pinal County Sheriff Paul Babeu (who is also running for Congress) has resigned from the campaign after the Phoenix New Times reported that Babeu not only has a male lover but a Mexican immigrant lover who Babeu allegedly threatened to deport if he revealed their relationship. Babeu denies the allegation of threatening to deport the man and insists that it was the former campaign worker named as Jose who threatened him. While some are focusing on the political, I am wondering about the libel in these rivaling statements.
Continue reading ‘Babeu in Arms: Will The Sheriff Sue [Or Be Sued] For Defamation?’
Architect Charged With Manslaughter Over Poorly Built $11 Million Mansion
Published 1, February 20, 2012 Criminal law , Society , Torts 30 Comments
California prosecutors have brought a rare manslaughter charged against an architect for the substandard construction and design of a $11 million mansion. Albert Becker, 48, was arrested after a firefighter died in a blaze at the home, which was going to be the backdrop for a reality show called “Germany’s Next Model.”
Continue reading ‘Architect Charged With Manslaughter Over Poorly Built $11 Million Mansion’
Man Dies Of Heart Attack While Eating 6,000-calorie Triple Bypass Burger At Heart Attack Grill
Published 1, February 16, 2012 Bizarre , Society , Torts 45 Comments
A man in his 40s this week died of a heart attack while eating a 6,000-calorie Triple Bypass burger at an aptly named chain that serves up massive burgers and allows grossly obese individuals to eat for free. We previously looked at Heart Attack Grill when its overweight spokesman died at 29. The question is whether a restaurant can be sued for knowingly serving food that comes with a higher risk of death or serious bodily injury — a risk that is openly advertised by the restaurant and assumed by the customer.
A Nasty Drag in Niceville: Electronic Cigarette Reportedly Explodes In Mouth Of Florida Man
Published 1, February 16, 2012 Bizarre , Torts 17 Comments
There is an interesting product liability case in the making in Niceville, Florida where Tom Holloway, 57, reportedly had his teeth blown out when his electronic cigarette exploded. He also lost part of his tongue and suffered burns on this face. It is not known which brand was allegedly informed in the explosion.
A Contracts Reform Movement? Lawyer and Professor Take On The Cheesecake Factory and Other Restaurants Over Drink Prices
Published 1, February 14, 2012 Academics , Torts 29 Comments
Some drinks just make you want to scream “UCC.” The Uniform Commercial Code that is. The Cheesecake Factory has announced it will yield to demands from Massachusetts lawyer Ross Mitchell who objected under the Massachusetts Consumer Protection Act to the failure to post the prices of its drinks. He is supported by Texas Wesleyan law professor Franklin Snyder who has invoked the UCC as required reading for anyone bar hopping.
Clinical Credit? Texas Southern University Law Students Sue Over Poor Grades
Published 1, February 10, 2012 Academics , Bizarre , Torts 17 Comments
Texas Southern University Jonathan Chan and Karla Ford have created their own form of clinical education. They are suing the law school in the Southern District of Texas for the D grades given to them by adjunct professor Shelley Smith teaching a first-year contracts class. They allege that the grades were “arbitrary and capricious” and meant to “curve them out” of the class.
Continue reading ‘Clinical Credit? Texas Southern University Law Students Sue Over Poor Grades’
Gladiator Maximus: Anchor Bitten In The Face By Rescued Dog
Published 1, February 9, 2012 Animals , Criminal law , Torts 34 Comments
Television anchor, Kyle Dyer, was bitten in the face by a 85-pound Argentine mastiff named Gladiator Maximus during an interview this week. The dog was the scene of a heroic rescue in icy waters after falling into the water while chasing a coyote. Firefighter Tyler Sugaski who rescued the dog is shown here with the owner 39-year-old Michael Robinson. The video is below.
Continue reading ‘Gladiator Maximus: Anchor Bitten In The Face By Rescued Dog’
New York Hospital Accused of C-Section Surgery On Non-Pregnant Sixteen-Year-Old Girl
Published 1, February 8, 2012 Society , Torts 23 Comments
There is a shocking account out of New York of alleged malpractice where doctors at the New York Downtown Hospital are accused of starting a C-section on a woman only to discover that she was not pregnant. While the incident has been denied, witnesses confirmed the mistaken C-section surgery in sworn depositions.
Defining Grief
Published 1, February 4, 2012 Academics , Columns , Courts , Economics , Media , Science , Society , Torts 66 CommentsSubmitted by: Mike Spindell, Guest Blogger
The bible of psychiatric/psychological diagnosis is the “Diagnostic and Statistical Manual of Mental Disorders (DSM)” published by the American Psychiatric Association. What it does is provide a standardization of diagnostic criteria, which allows Mental Health professionals to communicate with one another in a clearly defined set of common understandings.
“It is used in the United States of America and in varying degrees around the world, by clinicians, researchers, psychiatric drug regulation agencies, health insurance companies, pharmaceutical companies, and policy makers. The DSM is a legitimating document and provides legal, medical, and ethical justification for physicians to diagnose and treat, judges to incarcerate and excuse, insurance companies to pay.” http://en.wikipedia.org/wiki/Diagnostic_and_Statistical_Manual_of_Mental_Disorders
First published in 1952 the DSM has undergone five revisions since then. The latest revision will be the DSM V, scheduled for a May 2013 publication. The last major revision in 1994 was called naturally the DSM IV. There are many problems with the DSM. Since this Manual is so important to the treatment for those suffering and recompense for those who profit from psychiatric/psychological needs, this is an issue that needs greater public awareness. I think is most pertinent to look at the underlying issues entailed in the DSM’s new iteration and how it affects us, or those we know. To do so, however, we must look at the problems with the DSM, from a psychological, systemic and economic perspective.
The first critical issue is that no health insurance company, Medicare and/or Medicaid will pay for psychological and/or psychiatric treatment and medication, without a professionally certified diagnostician categorizing the patient with a valid DSM diagnostic code. Thus the DSM’s definitions have critical importance to practitioners, provider agencies, drug companies and health insurance providers. I retired from the Mental Health profession seven years ago and other things have held my interest. However, l I caught a NY Times article, posted at the MSNBC website last week and it brought to mind issues that had bothered me during my career, specifically with the DSM. Continue reading ‘Defining Grief’
The Stomp Speech and the Flip Flopper: Gingrich’s Staff Accused Of Assaulting Paul Supporter
Published 1, February 2, 2012 Bizarre , Politics , Torts 36 Comments
Newt Gingrich has made it known that he will not tolerate flip floppers like Mitt Romney. His staff, however, took that to a new extreme by allegedly assaulting Ron Paul supporter Eddie Dillard who appeared at a Gingrich event with an opposing campaign sign. According to witnesses, Gingrich staff yelled for “everyone to step on his toes.” Dillard was wearing flip flops and was injured after he said a security member used his heels to grind into Dillard’s foot. The case could present an interesting tort lawsuit and a question of respondeat superior where an employer is liable for the torts of his employees if they are acting in the scope of their employment.
Not Such A Goodman: Florida Millionaire Adopts Girlfriend To Protect Part Of Estate After Killing Man In A Driving Drunk Accident
Published 1, February 1, 2012 Bizarre , Criminal law , Society , Torts 29 Comments
John Goodman, 48, appears to have come upon a legal strategy that clenches the title of the worst person in the world. Goodman, the wealthy founder of the International Polo Club Beach in Wellington, was arrested after he killed Scott Patrick Wilson, 23, while driving drunk. Facing a civil lawsuit from his family, Goodman has legally adopted his 42-year-old girlfriend, Heather Laruso Hutchins, as his daughter to protect some of his money.
Dutch Politician Proposes Ban On Dogs In Hague As “Unclean” Under Islam
Published 1, February 1, 2012 Animals , Bizarre , Politics , Religion , Society , Torts 46 Comments
We have previously seen stories of the banning or threatening dogs by Muslims who believe that all dogs are “unclean” and an afront to Islam. Now, Hasan Küçük, a Turkish-Dutch representative on The Hague city council for the Islam Democrats, has called for all dogs to be banned from The Hague, the third-largest city in the Netherlands.
Continue reading ‘Dutch Politician Proposes Ban On Dogs In Hague As “Unclean” Under Islam’
Study: Over 23% of All Goods Created Since 1AD Were Made Between 2001 and 2010
Published 1, January 31, 2012 Academics , Bizarre , Torts 12 Comments
The Economist just published an amazing chart of “Two Thousand Years In One Chart.” However, the most interesting claim is this: “[o]ver 23% of all the goods and services made since 1AD were produced from 2001 to 2010.” That is from the first product (the fig leaf outfits of Adam and Eve to last year’s Britney Spears CD).
Continue reading ‘Study: Over 23% of All Goods Created Since 1AD Were Made Between 2001 and 2010′
South Africa Recalls Over One Million Defective Condoms Distributed As Part Of ANC Celebrations
Published 1, January 31, 2012 International , Politics , Society , Torts 6 Comments
The South African government has long been accused of mixed efforts in combating AIDS despite the country having one of the highest HIV infection rates in the world. Now the government is accused of handing out more than a million free condoms at the African National Congress centenary celebrations that are defective and leak.
Sikhs Sue Leno Over Joke Involving Sacred Temple
Published 1, January 25, 2012 Bizarre , Religion , Society , Torts 24 Comments
This week’s most frivolous lawsuit was filed by Dr. Randeep Dhillon of Bakersfield on behalf of himself and Bol Punjabi All Regions Community Organization in California. Dhillon is suing Jay Leno for showing a picture of the Sikh holy shrine Golden Temple in Amritsar, India as the image of Mitt Romney’s summer home. The obvious parody is entirely protected but Dhillon has claimed that it constitutes libel.
Continue reading ‘Sikhs Sue Leno Over Joke Involving Sacred Temple’
Texas Company Accused Of Dumping Pig Blood Into River Used For Recreation
Published 1, January 24, 2012 Bizarre , Religion , Torts 27 Comments
In Texas, investigators are demanding answers from Dallas meat-packing company Columbia Packing Company after photos appeared to show the company dumping pig blood into the Trinity River. The case raises some interesting legal questions.
Continue reading ‘Texas Company Accused Of Dumping Pig Blood Into River Used For Recreation’
Crash More, Costa Less: Cruise Company Offers Crash Victims Thirty Percent Discount On Their Next Trip
Published 1, January 23, 2012 Bizarre , International , Society , Torts 11 Comments
One can certainly understand why victims of the recently wreck of the Costa Concordia were a little put out by a recent offer. The company, owned by Carnival, called to offer them a 30% discount on their next Carnival cruise after 12 people died on the last voyage and 20 are still missing. Truly savings to die for. For crash victims, it is like Ford’s Theater offering Mary Todd Lincoln “buy two, get one free” ticket deal on the next performance of “Our American Cousin.”
-Submitted by David Drumm (Nal), Guest Blogger
Cheryl Jones was attending services at the Disciple Fellowship Christian Church of East St. Louis, Illinois, when a female parishioner received the Holy Spirit. When she fell, she knocked over others in a domino effect. Jones was knocked to the floor and several people fell on top of her. Jones alleges she suffered injuries to her head, neck, back, and buttocks.
Florida Police Officer Turns Off Dash Camera and Audiotape, Beats Man With Dementia, and Receives Only A Written Reprimand
Published 1, January 17, 2012 Bizarre , Criminal law , Society , Torts 35 CommentsIn Florida, Melbourne police Officer Derek Middendorf is accused of beating a 66-year-old man suffering from dementia. A dash camera shows Middendorf delivering a kick to the stomach of Albert Flowers, then punching him after Flowers falls to the ground. The video also shows another officer running over and tasing Flowers in the face. The beating left Flowers in the hospital for a month. Yet, the police department only issued a written reprimand for one of the officers turning off the dash camera and audio equipment. A written reprimand. That’s it.
Bed, Bath & Beyond Tissue Boxes Found To Be Radioactive
Published 1, January 17, 2012 Bizarre , Society , Torts 16 Comments
Bed, Bath, & Beyond is recalling its metal tissue boxes after California health officials found a shipment to be radioactive. The boxes made in India appear to have been made from metal irradiated with cobalt-60. The “Dual Ridge Metal Boutique tissue boxes” are not exactly weapons of mass destruction but they do present a health risk.
Continue reading ‘Bed, Bath & Beyond Tissue Boxes Found To Be Radioactive’
Robot Love?
Published 1, January 14, 2012 Academics , Bizarre , Columns , Courts , Economics , Justice , Lawyering , Media , Politics , Religion , Science , Society , Torts 50 CommentsSubmitted by: Mike Spindell, guest blogger
Almost four weeks ago I read an article in Huffington Post entitled: “Can Loving A Robot Lead to Divorce?” by Vicki Larson, a journalist. http://www.huffingtonpost.com/vicki-larson/robots_1_b_1150679.html Ms. Larson introduces her piece by quoting the claims of a current manufacturer of anatomically correct “sex robots”, who presumably speak and move in sexual ways. I followed the article’s link to the website of the robots inventor, Douglas Hines, who enthusiastically discusses his creation and has a few videos (non-explicit) that demonstrate the robot’s “capabilities”. While the HuffPost article links the Company’s website, I’m not doing it here, since publicizing this device is not my aim. Should you want further information it is available at the articles link. The “sex robot” being produced now is but an update on inflatable sex toys, though with a “skeleton”, rudimentary movement and speech added. It therefore is only an opening reference to a real issue that will shortly become scientifically possible.
The next part of this short article is an overview with of the opinion of Artificial Intelligence Expert David Levy http://www.scientificamerican.com/article.cfm?id=humans-marrying-robots “It also may be the future of love and marriage, if you believe artificial intelligent (AI) expert David Levy, author of Love and Sex With Robots. According to Levy, human-robot sex, love and marriage is inevitable — perhaps as soon as 2025. He predicts that robots may not only be more lovable and faithful than many humans, but they may even be more emotionally available than the “typical American human male.” Not only will they make us become better, more creative lovers, but they also will offer those singles who feel a void in their emotional and sexual lives and married couples with differing sexual needs new, nonjudgmental ways to be happy and healthy. Although Levy believes that the “availability of regular sex with a robot will dramatically reduce the incidence of infidelity as we know it today,” he also acknowledges there may be some potential sticky points. “Some human spouses and lovers might consider robot sex to be just as unfaithful as sex with another person.”
Levy’s view naturally flows into the conclusion of the article which is an E Mail interview with Sonya Ziaja, a San Francisco Bay Area attorney who blogs at numerous law and policy media outlets as well as her own, Shark. Laser. Blawg.
“And what could be more fraught with legal dilemmas than a love triangle among a married couple and a sexbot? How that might impact a divorce? That’s what Ziaja explores in her paper, “Homewrecker 2.0: An Exploration of Liability for Heart Balm Torts Involving AI Humanoid Consorts,” which she presented at the 2011 International Conference on Social Robotics that took place in Amsterdam at the end of November.
“If the doll’s owner becomes enamored with the doll, and leaves his spouse, can the spouse sue as she or he would be able to if the interloper had been human? And who would be sued? The manufacturer? Inventor? The AI itself?” she questions. “So long as we’re intent on adding socially interactive AI into situations that would ordinarily be only human. … socially interactive robots need to be ‘safe to play with’ in a way that manufacturers of toaster ovens never had to imagine.”
Thus we are presented here with a legal quandary instigated by the advent of revolutionary technology affecting serious legal, moral and ethical issues. How should we view this inevitability and how shall we deal with it as a society? Continue reading ‘Robot Love?’
Employment Discriminaton Filing: Snack Maker Accused of Firing Employee For Wearing Prosthetic Device
Published 1, January 13, 2012 Bizarre , Society , Torts 27 Comments
Now this is going to be an interesting case. Pauline Davis, 45, has filed a gender discrimination case against J&J Snack Foods after the company (making churros and other frozen snacks) allegedly fired her for wearing a prosthetic penis to work. She seems to have a viable case.
Police Seek Culprit Who Seriously Injured Man In Spontaneous “Dwarf Toss”
Published 1, January 13, 2012 Bizarre , Criminal law , Society , Torts 19 Comments
There is an interesting criminal and tort case being investigated in England. Martin Henderson was celebrating his 37th birthday when he found himself airborne — thrown by another man in the bar who saw him as a dwarf for the tossing. Henderson suffered injuries as a result of the toss and the man fled.
Continue reading ‘Police Seek Culprit Who Seriously Injured Man In Spontaneous “Dwarf Toss”’
Ben Stein’s Money: Actor Sues Japanese Company For Dumping Him For Another Nerdy Economist
Published 1, January 13, 2012 Academics , Society , Torts 14 Comments
Ben Stein is an actor who often appears at conservative conferences and events — often speaking against such things as global warming. Stein’s hard-right politics has made him a hero for conservatives and a villain for liberals. Now, however, he is suing after a company decided that his political advocacy undermined his value as a spokesman. While some conservatives might view such discrimination lawsuits and emotional distress claims as another sign of our litigious society, Stein is suing Japanese company Kyocera Corporation and the New York ad agency Seiter & Miller for the loss of a $300,000 gig. He says that Kyocera then tapped a University of Maryland economics professor whom his lawsuit portrays as a Stein lookalike or clone. Stein declares in his lawsuit that he is “the most famous economics teacher in the world.” Sure there were Adam Smith, John Kenneth Galbraith, and John Maynard Keynes. There were even people like Karl Marx who fashioned themselves as well known economists. But none of them appeared in “Ferris Bueller’s Day Off.”
Continue reading ‘Ben Stein’s Money: Actor Sues Japanese Company For Dumping Him For Another Nerdy Economist’
Kathleen Edwards, 2003-2012
Published 1, January 13, 2012 Criminal law , Society , Torts 36 Comments
It is with an extremely heavy heart that I have to report that nine-year-old Kathleen Edward died of Huntington’s disease on Wednesday night. We discussed Kathleen’s illness as part of a horrific case about bullying by a neighbor, Jennifer Petkov.
Continue reading ‘Kathleen Edwards, 2003-2012′
Drinking Tom Cruise: Ebay Offers Bottles Of Pool Water Used By Tom Cruise
Published 1, January 11, 2012 Bizarre , Society , Torts 22 Comments
Why roll around in the food leftovers of higher caste people, when you can wash in the water used by Tom Cruise. For a little over $100 you can now buy an eight-ounce bottle of pool water used by Tom Cruise and his family on July 16, 2011.
Continue reading ‘Drinking Tom Cruise: Ebay Offers Bottles Of Pool Water Used By Tom Cruise’
Actress Sues Amazon For Disclosing Her Real Asian Name and Age
Published 1, January 10, 2012 Society , Torts 13 Comments
There is an interesting privacy case out of New York where an actress was forced to reveal her identity as the plaintiff in a lawsuit against Amazon’s website IMDb. Huong Hoang, 40, tried to file anonymously after accusing Amazon of harming her by disclosing her Asian name and age. The federal judge however gave her two weeks to put her name on the lawsuit or face dismissal.
Continue reading ‘Actress Sues Amazon For Disclosing Her Real Asian Name and Age’
Assumption of the Risk? Bungee Cord Snaps Sending Australian Woman Plunging Into Crocodile-Infested Waters
Published 1, January 9, 2012 Bizarre , Torts 68 Comments
Next time you think that torts exams are too fanciful, consider the potential case of Australian tourist Erin Langworthy, 22, in Zimbabwe. Langworthy arranged to jump off the Victoria Falls bridge, but received a bit of a nasty surprise when the bungee cord snapped and there was not back up cord. Oh, and I forgot to mention, she was bungeeing above crocodile-infested waters.
Continue reading ‘Assumption of the Risk? Bungee Cord Snaps Sending Australian Woman Plunging Into Crocodile-Infested Waters’
TURLEY BLOG PICKED AS TOP OPINION LEGAL BLOG IN 2011
Published 1, January 5, 2012 Academics , Animals , Bizarre , Congress , Constitutional Law , Courts , Criminal law , Economics , Environment , Free Speech , International , Justice , Lawyering , Media , Military , Politics , Religion , Science , Society , Supreme Court , Torts 27 Comments
Last night the editors of the ABA Journal informed us that we have voted the top opinion blog of 2011 in the ABA Journal competition. It is our second such top award in the annual competition and it is an honor shared equally by all of our contributors and readers.
Continue reading ‘TURLEY BLOG PICKED AS TOP OPINION LEGAL BLOG IN 2011′
efelony: Illinois Police Officer Uses Ticket To Ask Woman On Date
Published 1, January 4, 2012 Bizarre , Society , Torts 39 Comments
Who needs eharmony? Evangelina Paredes found a match in a handwritten note on her windshield. It was from Stickney police officer Chris Collins who used the information that he recorded on a $132 speeding ticket to track her down and ask her out. Collins pointed out “I did cost you $132 — least I can do is buy you dinner.” It is a police version of the slogan “fall in love for the right reasons.”
Continue reading ‘efelony: Illinois Police Officer Uses Ticket To Ask Woman On Date’
“It’ll Tickle Your Innards”: Mountain Dew’s Mouse Dissolving Defense
Published 1, January 3, 2012 Bizarre , Society , Torts 16 Comments
Just when you thought litigation could not get more gruesome after the Illinois flying body part case. I just came across articles in this 2009 case where the lawyers for Pepsi came up with a novel defense against a product liability claim of an Illinois man who alleged that he found a dead mouse in his Mountain Dew. Impossible, they insist, because our product would have dissolved any mouse in a can. It is the type of legal argument that wins a case and loses a market. It certainly was consistent with the original slogan of the company: “It’ll Tickle Yore Innards!”
Continue reading ‘“It’ll Tickle Your Innards”: Mountain Dew’s Mouse Dissolving Defense’
Illinois Court Rules Pedestrian Can Sue Estate of Train Accident Victim Over Flying Body Part
Published 1, January 2, 2012 Bizarre , Torts 20 Comments
One of my torts colleagues sent along an article on a rather bizarre case out of Illinois where an appellate court ruled that a bystander could sue the estate of the victim of a train accident after part of the victim’s body struck the bystander. For those who read the Palsgraf case in first-year torts on proximate causation, the case offers an interesting — if gory — twist.
Recall-A-Bear: Popular Children’s Store Recalls 300,000 Colorful Hearts Teddy Bears
Published 1, December 30, 2011 Bizarre , Society , Torts 9 Comments
In a disaster for many parents during the holiday, Build-a-Bear has issued a recall for roughly 300,000 “Colorful Hearts Teddy” bears due to a choking hazard. The culprit, shown left, contains “substandard fabric” in some runs that may allow an eye to break free, according to the Consumer Product Safety Commission.
Continue reading ‘Recall-A-Bear: Popular Children’s Store Recalls 300,000 Colorful Hearts Teddy Bears’
Military Contractor Sues Over Death of 14 Dogs In Unventilated Truck
Published 1, December 28, 2011 Animals , Military , Society , Torts 12 Comments
There is an interesting lawsuit filed by a military contractor, American K-9 Detection Services, against Indian Creek Enterprises Inc. and Live Animal Transportation Services for the death of 14 bomb-sniffing dogs being shipped to Afghanistan.
Continue reading ‘Military Contractor Sues Over Death of 14 Dogs In Unventilated Truck’
Wrongful Death Lawsuit: Family Calls Paramedics After Father Has Heart Attack … Police Arrive Instead And Stop Family From Performing CPR
Published 1, December 26, 2011 Bizarre , Society , Torts 13 Comments
In Texas, a family in Snyder is suing the city and five police officers after the family called paramedics that Benny Bollinger was having a heart attack on December 6, 2009. The family alleges that police showed up instead and promptly stopped his daughter Debra Bollinger, who was performing CPR. They then allegedly prevented the wife Darlene Bollinger from resuming the CPR. Benny then died later at the hospital.
Merry Christmas To All
Published 1, December 25, 2011 Academics , Animals , Bizarre , Columns , Congress , Constitutional Law , Courts , Criminal law , Economics , Environment , Politics , Religion , Science , Society , Supreme Court , Torts 32 Comments
Best wishes to everyone celebrating Christmas and Hanukkah. Continue reading ‘Merry Christmas To All’
-Submitted by David Drumm (Nal), Guest Blogger
When I was telling a female worker from another company that my company gave away poinsettia plants every year as Christmas gifts to a few, randomly selected employees, she told me that poinsettias were poisonous. I had not heard that before and asked some other employees and they said they had heard the same thing.
California Highway Officer Allegedly Speeds Through Intersection Without Lights, And Kills Two Pedestrians . . . Police Later Arrest Four Relatives Of The Victims
Published 1, December 22, 2011 Criminal law , Society , Torts 38 Comments
We have previously written (here and here and here and here) about unnecessary fatalities produced by high-speed chases by police officers — an on-going controversy over the justification for such chases. The latest such controversy occurred in California where Deputy John Swearengin drove through an intersection without his lights on and hit and killed Daniel Hiler, 24, and Chrystal Clevenger, 30. They were pushing a small motorbike across the interaction when hit by Swearengin. He was responding to a call about a stolen vehicle. The police ended up arresting relatives of the deceased who were outraged by the accident.
The Turley Blog Needs Your Vote! The ABA Competition Is Down To The Wire For Top Opinion Blog
Published 1, December 21, 2011 Academics , Courts , Criminal law , Economics , Environment , Free Speech , International , Justice , Lawyering , Media , Military , Politics , Religion , Science , Society , Supreme Court , Torts 54 Comments
This year’s competition for the top opinion blog by the American Bar Association has become an intense race between our blog and one of the largest conservative legal blogs, Volokh Conspiracy. Even though VC is one of the largest blogs in the country, we are only a couple of dozen votes away with voting closing on December 31st. We need every vote so please spread the word to civil libertarians and others that we need their support to pull off the ultimate David and Goliath victory.
Continue reading ‘The Turley Blog Needs Your Vote! The ABA Competition Is Down To The Wire For Top Opinion Blog’
Ohio Man Shoots Gun In Air . . . Kills Amish Girl Over A Mile Away
Published 1, December 21, 2011 Criminal law , Society , Torts 48 Comments
An unnamed Ohio man was cleaning his muzzle-loading rifle and decided to fire one round in the air. The round traveled over one mile and reportedly killed Rachel Yoder, 18, an Amish girl driving her horse-drawn buggy home after a Christmas party.
Continue reading ‘Ohio Man Shoots Gun In Air . . . Kills Amish Girl Over A Mile Away’
Celebrity Curve? NYU Professor Sues After Being Fired Allegedly For Giving Star James Franco A Bad Grade
Published 1, December 20, 2011 Academics , Bizarre , Torts 15 Comments
NYU Professor José Angel Santana says that he was doing what any responsible academic would do when faced with a student who missed 12 out of 14 assignments: he gave him a “D”. The problem, he alleges, was that the student was Hollywood hunk James Franco (left) from “127 Hours.” He says that he was ridiculed by the star and fired by the school over the decision. Franco gained fame portraying James Dean in Rebel Without A Cause.
Continue reading ‘Celebrity Curve? NYU Professor Sues After Being Fired Allegedly For Giving Star James Franco A Bad Grade’
Tort or Torte? Restaurant Requires Waivers Before Customers Try Hot Food
Published 1, December 16, 2011 Bizarre , Society , Torts 11 Comments
A Massachusetts restaurant has made news this week by requiring waivers before people eat its hot food. The waivers are being handed out at the East Coast Grill in Cambridge.
Continue reading ‘Tort or Torte? Restaurant Requires Waivers Before Customers Try Hot Food’
France Facing Crisis After Discovery That Tens of Thousands of Women May Have Been Given Industrial Silicone In Breast Implants
Published 1, December 15, 2011 Criminal law , International , Society , Torts 8 Comments
France is experiencing a massive tort scandal after it was discovered thousands of women were given breast implants containing industrial silicone rather than medical silicone. We have seen <a href="In Vassallo v. Baxter Healthcare Corp., 696 N.E.2d 909 (Mass.1998), a court looked at the liability of one such company under an implied warranty of merchantability for failure to warn or provide instructions about risks. The appellate court Defendant did have actual or constructive knowledge.”>such cases in the United States of faux doctors using industrial silicone purchased from auto and home repair stores. Nothing, however, comes close to the French scandal. Over 30,000 women in France (as well as some in Spain and the UK) may have had the defective products from Poly Implant Prosthesis (PIP).
Continue reading ‘France Facing Crisis After Discovery That Tens of Thousands of Women May Have Been Given Industrial Silicone In Breast Implants’
Police Reportedly Take Two Hunters Into Custody In Texas School Shooting
Published 1, December 13, 2011 Bizarre , Criminal law , Politics , Society , Torts 31 Comments
We have followed a long line of hunting accidents and buck fever cases which are becoming more and more common as housing areas expand into rural areas (here and here). Now in Edinburg, Texas, police have taken two hunters into custody on suspicion of firing the stray bullets that cut down two middle school students at Harwell Middle School.
Continue reading ‘Police Reportedly Take Two Hunters Into Custody In Texas School Shooting’
New Jersey Man Dies After “Doctor” Injects Silicone Into His Penis in Home Procedure
Published 1, December 12, 2011 Bizarre , Criminal law , Torts 12 Comments
We have been following a line of cases involving faux doctors performing cheap cosmetic surgery by using such medical material as “Fix-A-Flat” gel. The latest such case comes from New Jersey where Justin Street, 22, died after Kasia Rivera, 34, allegedly injected his penis with silicone in an enlargement procedure. Street died the day after the treatment in Rivera’s home.
Continue reading ‘New Jersey Man Dies After “Doctor” Injects Silicone Into His Penis in Home Procedure’
Is This Person A Journalist? Federal Judge Issues Sweeping Ruling Against Investigative Blogger And Upholds $2.5 Million Award
Published 1, December 8, 2011 Constitutional Law , Media , Society , Torts 38 Comments
There is an interesting defamation ruling out of Oregon where U.S. District Judge Marco Hernández has ruled that blogger is not a journalist for the purposes of defamation rules in a dispute with a lawyer. Crystal L. Cox is a blogger from Eureka, Montana and accused Oregon lawyer Kevin Padrick with criminal and unethical conduct in a bankruptcy case. She relied on a statute offering higher standards to protect journalists from defamation actions and Hernandez rejected the claims. It is the latest in an ongoing debate of how to define a journalist for purposes of constitutional and tort law. Cox now stands subject to a $2.5 million award in favor of Padrick and Obsidian. Cox runs a site entitled Obsidian Finance Sucks (as well as other sites) and insists that she is an investigative blogger/reporter.
MythBusted or Ultrahazardous Activity? Popular Show Sends Cannonball Through California Home
Published 1, December 8, 2011 Bizarre , Science , Society , Torts 20 Comments
The Discovery Channel’s popular show “Mythbusters” has educated many on the realities and science of common myths. I personally enjoy watching the show with my kids. Now, however, I can show it as part of my torts class. This week, the show was doing an episode and sent a wayward cannonball through a house in Dublin, California (near Oakland) and into the window of a van parked outside.
Continue reading ‘MythBusted or Ultrahazardous Activity? Popular Show Sends Cannonball Through California Home’
Did Pelosi Violate House Rules or Commit Defamation In Claiming Dirt On Gingrich?
Published 1, December 7, 2011 Bizarre , Congress , Politics , Torts 49 Comments
This week, we witnessed an extraordinary appearance from House Minority Leader Nancy Pelosi who told reporters that she has dirt on Newt Gingrich and would reveal at some later date — suggesting that the embarrassing disclosure would come from her service on an ethics review of Gingrich when he was House Speaker. I have been a long critic of Gingrich for some of his statements and policies, but I find Pelosi’s statements to be reprehensible and unethical. What concerns me, again, is the relative absence of criticism from Democrats who should show more principle in denouncing this type of politics.
Continue reading ‘Did Pelosi Violate House Rules or Commit Defamation In Claiming Dirt On Gingrich?’
Virginia Tech Challenges $55,000 Fine For Negligence in 2007 Massacre
Published 1, December 6, 2011 Academics , Politics , Society , Torts 38 Comments
I have previously criticized Virginia Tech for its well-documented failures in the massacre of its students and faculty in 2007 while commending the actions of individuals like Professor Liviu Librescu who surpassed the school’s negligence with their own selfless heroism. One of the most outrageous aspects of the aftermath of the massacre was the use of ridiculously low liability caps of $100,000 in Virginia to deny recovery of reasonable damages by the families — and avoid full accountability over the school’s negligent conduct. Now the school is challenging a mere $55,000 fine for its negligence — a pittance in terms of the millions that it avoided through liability caps. While the school motto is Ut Prosim (That I May Serve), it views that in strictly non-monetary terms.
Continue reading ‘Virginia Tech Challenges $55,000 Fine For Negligence in 2007 Massacre’
Is The Movie “Breaking Dawn” Harmful To Your Health? Foundation Issues Seizure Warning To Potential Moviegoers
Published 1, December 5, 2011 Bizarre , Constitutional Law , Free Speech , Torts 14 Comments
There is an interesting potential tort lawsuit in the making in the movie “Breaking Dawn.” The Maryland-based Epilepsy Foundation issued a warning on Facebook to roughly 11,000 followers that the movie may cause seizures and should be avoided for those prone to certain types of seizures.
Continue reading ‘Is The Movie “Breaking Dawn” Harmful To Your Health? Foundation Issues Seizure Warning To Potential Moviegoers’
Santa Slips: Teacher and Reporter Under Fire Over Santa Comments
Published 1, December 5, 2011 Academics , Bizarre , Society , Torts 24 Comments
In Nanuet, New York, parents are irate after a second-grade teacher reportedly told her 7-year-old students that there is no Santa and that their parents leave the presents under the tree. In Chicago, the FOX Chicago news anchor Robin Robinson decided to make the case to a bigger audience and proclaimed on the news show that Santa was not real and parents should tell their kids that the presents come from them.
Continue reading ‘Santa Slips: Teacher and Reporter Under Fire Over Santa Comments’
As the class prepares for finals, I thought I would share the ultimate curve breaker. This woman guesses one letter and solves the entire puzzle on Wheel of Fortune.
Continue reading ‘Wheel of Fortune Savant’
-Submitted by David Drumm (Nal), Guest Blogger
Bo Muller-Moore, a folk artist from Montpelier, Vermont, decided to print up some T-shirts for friends that own a local farm. The slogan that was chosen was “Eat More Kale.” That phrase doesn’t sit too well with Chick-fil-A, whose lawyer claims “is likely to cause confusion of the public and dilutes the distinctiveness of Chick-fil-A’s intellectual property and diminishes its value.”
While some critics have panned the new movie “J. Edgar,” reviews among former FBI agents appear far more harsh. This article was sent to me by one of my students given our discussion this week of the rule that you cannot defame the dead. Indeed, the controversy over the film raises that very question as well as an interesting question of whether alleged homosexuality should still be considered per se defamation.
Continue reading ‘Could Hoover Sue J. Edgar?’
You Can’t Say Dimmick Without Dim: Felon Sues Family For Break of Contract In Failing To Hide Him From Police
Published 1, December 1, 2011 Bizarre , Criminal law , Torts 12 Comments
Jesse Dimmick may have made for a poor criminal but he makes for an even worse lawyer. Dimmick has sued a Kansas couple, alleging that they broke an oral contract to hide him in exchange for money. This particular breach resulted in his being shot by police.
Continue reading ‘You Can’t Say Dimmick Without Dim: Felon Sues Family For Break of Contract In Failing To Hide Him From Police’
Medal of Honor Recipient Sues Defense Contractor For Defamation
Published 1, November 30, 2011 Society , Torts 30 Comments
There is an interesting defamation case that has been filed in Texas. Dakota Meyer, a former U.S. Marine who received the Medal of Honor is alleging that BAE Systems OASYS defamed him to a prospective employer by saying that he has a drinking problem, poor work habits, and is mentally or emotionally unstable.
Continue reading ‘Medal of Honor Recipient Sues Defense Contractor For Defamation’
California Woman Pepper Sprays Other Customers To Get “Upper Hand” in Black Friday Deal
Published 1, November 25, 2011 Bizarre , Criminal law , Society , Torts 18 Comments
They don’t call it Black Friday for nothing. A woman in a Los Angeles Walmart hit the store at 10:20 pm to grab the holiday deals only to find other customers rushing toward the items that she wanted. Police say that, as the coverings on the items were removed, she pepper sprayed the other customers. Twenty people were injured.
Continue reading ‘California Woman Pepper Sprays Other Customers To Get “Upper Hand” in Black Friday Deal’
Family Sues Wisconsin Prosecutor After She Charges 6-Year-Old Boy With First-Degree Sexual Assault After “Playing Doctor’
Published 1, November 25, 2011 Bizarre , Criminal law , Torts 53 Comments
I previously wrote a column about the ongoing controversy over statutory rape prosecutions, the subject of prior blogs. Now, Grant County District Attorney Lisa Riniker appears intent on outdoing other prosecutors by charging a 6-year-old boy with first-degree sexual assault for what the family says was playing doctor with a 5-year-old girl.
Oregon Man Sued After Thief Steals His Car and Crashes Weeks Later
Published 1, November 25, 2011 Bizarre , Society , Torts 22 Comments
George Hinnenkamp, 89, can be forgiven for being as “surprised as hell” in being sued recently by two passengers involved in an accident in his car. First, he was not driving the car at the time. Second, the driver was the man who stole his car.
Continue reading ‘Oregon Man Sued After Thief Steals His Car and Crashes Weeks Later’
In celebration of Thanksgiving, I give you our annual Turkey Torts of a few potential and actual lawsuits from this holiday. From deep-fried Turkeys to salmonella salads, the holiday gives personal injury lawyers a great deal to be thankful for. This year we have an array of Thanksgiving-related litigation to report from copyright to torts.
Virginia Woman Accused of Stabbing and Decapitating Piglet
Published 1, November 23, 2011 Animals , Bizarre , Criminal law , Torts 18 Comments
In Chesapeake, Virginia, Ashley Fowler, 22, is our latest example of an a human who allegedly expresses her feelings by killing or torturing a pet. In this case, it was a pet piglet of her friend’s former boyfriend, Zach Sawyer, who raised piglets as therapy after an accident. Fowler is accused of decapitating the piglet.
Continue reading ‘Virginia Woman Accused of Stabbing and Decapitating Piglet’
Trashing Talking Triplets: Parents Object to Interactive Triplets Dolls That Allegedly Say “Hey, Crazy Bitch.”
Published 1, November 22, 2011 Bizarre , Society , Torts 8 Comments
Now this is an interesting warning defect case. Toys R Us are selling “You & Me Interactive Triplets” dolls that parents say use bad language. Parents claim that the dolls say “Hey, Crazy Bitch.” Of course, produce defects are those problems that are more dangerous than the expectations of the ordinary consumer. In this case, the child is not in physical danger but the product exposes them to bad language. The dolls are simply too interactive and a bit too “street” for many parents.
Continue reading ‘Trashing Talking Triplets: Parents Object to Interactive Triplets Dolls That Allegedly Say “Hey, Crazy Bitch.”’
Tootsie Sues Footzy: Candy Company Claims Shoe Line Will Confuse Customers
Published 1, November 22, 2011 Bizarre , Society , Torts 8 Comments
For many years, the slogan for Tootsie Rolls was “The world looks mighty good to me cause Tootsie Rolls are all I see.” It appears that that marketing slogan has become a legal strategy. The candy company is suing Footzyrolls in Chicago for trademark confusion. It is yet another lawsuit in a series that we have discussed. I remain highly critical of the current law that allows effective ownership of generic images or terms, obvious parodies, or in this case, a vague familiar name.
Continue reading ‘Tootsie Sues Footzy: Candy Company Claims Shoe Line Will Confuse Customers’
Meet Oneal Ron Morris: Alleged Fake Doctor Who Injected Victims With Cement and Flat-Tire Sealant For “Curvier” Bodies
Published 1, November 21, 2011 Bizarre , Criminal law , Society , Torts 12 Comments
We have previously seen fake doctors arrested after harmful or lethal operations, often low-cost cosmetic surgeries. Few compete with the alleged medical practice of Oneal Ron Morris, who is accused of injecting the buttocks of women with cement and flat-tire sealant in her “practice.” The use of flat-tire sealant appears to be a favorite off-the-counter item for such faux cosmetic doctors, given past cases. She was charged criminally for practicing without a license and obviously can be sued civilly.
Continue reading ‘Meet Oneal Ron Morris: Alleged Fake Doctor Who Injected Victims With Cement and Flat-Tire Sealant For “Curvier” Bodies’
Teaching Supply and Demand: Florida Teacher Accused of Selling Math Grades
Published 1, November 18, 2011 Academics , Bizarre , Criminal law , Society , Torts 12 Comments
A math teacher in Fort Myers, Florida is under fire for teaching his students about supply and demand within a market-based system. Jeff Spires’ problem appears to be his choice of pedagogical vehicle: purchasing their own grades. Spires was suspended from Charlotte County High School in Charlotte County, Fla., without pay on Oct. 14 and resigned two weeks later. This “new math” approach could have promise for wider applications as discussed below. Think of it as a variation of Adam Smith’s work, a type of “Wealth of Students” approach to the job market.
Continue reading ‘Teaching Supply and Demand: Florida Teacher Accused of Selling Math Grades’
Illinois Man Admits To Selling Penis Enlargers to Treat Diabetes and Bladder Patients
Published 1, November 18, 2011 Bizarre , Criminal law , Society , Torts 13 Comments
An Illinois man, Gary Winner, pleaded guilty to criminal charges in Rhode Island after selling “penis enlargers” to diabetes patients to help with “bladder control, urinary flow and prostate comfort.” This could make for an a particularly novel product liability claim as well as a negligence case.
Bieber Accuser Drops Lawsuit: Will A Defamation Action Now Follow The DNA Test?
Published 1, November 17, 2011 Society , Torts 13 Comments
Mariah Yeater has reportedly withdrawn her lawsuit against Justin Bieber. Her lawyer, Jeffrey Leving, explains that he has withdrawn the lawsuit in hopes of forcing an out-of-court settlement — what may appear to be a conflict strategy.
Continue reading ‘Bieber Accuser Drops Lawsuit: Will A Defamation Action Now Follow The DNA Test?’
Humphrey The Hippo and the Wisdom of Strict Liability For Wild Animals
Published 1, November 16, 2011 Bizarre , International , Society , Torts 10 Comments
This story struck me as relevant to the discussion that we just had in class about strict liability for wild animals. The common law makes a possessor of a wild animals strictly liable for any bites or injuries. This liability is often based on the lack of animus rivertendi, or habit of return — the notion that you cannot completely domesticate a wild animal. That is a lesson that Marius Els, 41, learned too late in keeping his pet hippopotamus, Humphrey.
Continue reading ‘Humphrey The Hippo and the Wisdom of Strict Liability For Wild Animals’
Rhode Island Doctor Accused of Abandoning 33,000 Patients To Run For Office In Nigeria
Published 1, November 14, 2011 Bizarre , Society , Torts 15 Comments
Now this is an interesting negligence case. An estimated 33,000 people in Rhode Island have been left without medical records after Dr. Nomate Kpea, a dermatologist, left for Nigeria to run for political office — leaving their files in foreclosed properties in the state.
Continue reading ‘Rhode Island Doctor Accused of Abandoning 33,000 Patients To Run For Office In Nigeria’
Can Penn State Or Paterno Be Sued For Negligence?
Published 1, November 11, 2011 Criminal law , Society , Torts 52 Comments
We have been following the unfolding scandal at Penn State. There is widespread agreement that the coaches on the team, as well as the university, acted reprehensibly in their response to the alleged sexual abuse of young boys by Jerry Sandusky (at least outside of the rioting students who appear to believe Coach Joe Paterno should not be blamed for doing little after learning of an alleged rape of a minor in a shower). The question is whether Paterno or Penn State could face credible complaints seeking civil liability for negligence.
Continue reading ‘Can Penn State Or Paterno Be Sued For Negligence?’
Negligence? Woman Gets Stuck In Automatic Gate
Published 1, November 8, 2011 Bizarre , Torts 33 CommentsSince we have discussed Plaintiffs’ conduct in class, I thought this video would offer a useful point of analysis. Is this negligence by the security guard?
Continue reading ‘Negligence? Woman Gets Stuck In Automatic Gate’
Celebrities and Statutory Rape: Is Justin Bieber A Victim of Statutory Rape or Defamation?
Published 1, November 4, 2011 Bizarre , Columns , Criminal law , Society , Torts , USA Today 30 Comments
Below is today’s column in USA Today (which will run in paper form next week). It appears that the police will look into the possibility of statutory rape and someone should be brushing up on defamation law as well.
Continue reading ‘Celebrities and Statutory Rape: Is Justin Bieber A Victim of Statutory Rape or Defamation?’
Et Tu, Perry? Cain Accuses Perry Campaign As Source Of Sexual Harassment Claims
Published 1, November 3, 2011 Bizarre , Politics , Torts 52 Comments
Herman Cain believes that he has found the fingerprints on the knife in his back in the expanding sexual harassment scandal . . . Rick Perry. The Cain camp has said it was Perry’s campaign that leaked the story to Politico in a hit job on Cain. Of course, there still remains the question of who told the Perry campaign about the allegations in the confidential settlement. Yet, according to the New York Times article below, there were plenty of folks who were aware of the allegations — and contradict Cain’s account. In a race to the bottom, Perry’s people have pointed fingers at the Romney camp.
Continue reading ‘Et Tu, Perry? Cain Accuses Perry Campaign As Source Of Sexual Harassment Claims’
Is Justin Bieber a Dead-Beat Dad Or Rape Victim?
Published 1, November 2, 2011 Bizarre , Criminal law , Society , Torts 39 CommentsI rarely take much interest in celebrity story, but one legal stories this week caught my eye: a woman who is seeking paternity liability from Justin Bieber. What is fascinating is that it would seem likely that any paternity payment would be accompanied by a possible charge of statutory rape. The alleged 30-second tryst after the concert occurred when Bieber was just 16 in a state (California) with a statutory date of 18.
Continue reading ‘Is Justin Bieber a Dead-Beat Dad Or Rape Victim?’
Did Cain Trip The Wire? Attorney Suggests Breach of Confidentiality Agreement
Published 1, November 2, 2011 Lawyering , Politics , Torts 52 Comments
There is an interesting legal question at the heart of the still unfolding scandal over whether Republican Presidential contender Herman Cain engaged in sexual harassment. Women accusing Cain were reportedly given a settlement with a gag provision — a common element to such settlements.
Continue reading ‘Did Cain Trip The Wire? Attorney Suggests Breach of Confidentiality Agreement’
Woman Jokes With Ten-Year-Old About Taking His Halloween Candy . . . Ten-Year-Old Pulls Handgun On Woman
Published 1, November 2, 2011 Bizarre , Criminal law , Torts 18 Comments
In Aiken, South Carolina, kids appear to take the trick in trick-and-treating more seriously than the rest of the country. A 10-year-old Aiken trick-or-treater pulled a gun on a woman who joked that she wanted take his candy on Halloween. Police found that his brother, also ten, had his own weapon.
Continue reading ‘Woman Jokes With Ten-Year-Old About Taking His Halloween Candy . . . Ten-Year-Old Pulls Handgun On Woman’
McBan: McDonald’s Bans Arizona Professor From All Restaurants After She Claims To Find Pathogens in Play Areas
Published 1, October 28, 2011 Bizarre , Science , Society , Torts 19 Comments
With repeated brawls in McDonald’s, it is would seem that it is pretty hard to be excluded from the restaurant chain. However, Erin Carr Jordan found a way. The mother of four and college professor with a doctorate in developmental psychology, has been leading an effort to get McDonald’s to clean its play area by testing equipment and reportedly finding dangerous levels of pathogens. It is not the first time McDonald’s has been accused of such dangerous levels — made more dangerous by being in proximity to food where the children digest the pathogens.
Continue reading ‘McBan: McDonald’s Bans Arizona Professor From All Restaurants After She Claims To Find Pathogens in Play Areas’
California Man Spends Nine Hours Trapped in Swing
Published 1, October 26, 2011 Bizarre , Torts 15 Comments
Now this would make for an interesting tort lawsuit. A California man was rescued on Saturday after being stuck in a toddler’s swing in the park for nine hours. The man had bet his friends $100 that he could fit into the swing, lubricated himself with laundry detergent, and squeezed into the swing — only to be stuck. After trying unsuccessfully to free him, the friends decided to leave him as a joke.
Continue reading ‘California Man Spends Nine Hours Trapped in Swing’
Michigan Court Rules Insurance Coverage Includes Witnessing Son’s Death While Driving In Another Vehicle
Published 1, October 25, 2011 Torts 15 Comments
There is an interesting case out of the Michigan courts this week. A Michigan appellate court ruled that a mother, Gale Boertmann, who saw her son’s fatal motorcycle accident could claim damages under her own auto insurance for her injuries while driving. Cincinnati Insurance Co. objected, saying that the injury was not due to her operation of the vehicle since “she would have suffered the exact same injury if she were standing on the front porch of her house.”
Continue reading ‘Michigan Court Rules Insurance Coverage Includes Witnessing Son’s Death While Driving In Another Vehicle’
Oregon Man Shoots At “Bear” and Kills Marine on a Hike
Published 1, October 25, 2011 Bizarre , Society , Torts 25 CommentsWe have previously discussed “buck fever” cases and the relative absence of civil or criminal penalties for fatal hunting accidents historically. This week saw another tragic case after Marine reservist Christopher A. Ochoa, 20, was shot while hiking with a friend. Gene Collier, 67, says that he though Ochoa was a bear while hunting with his grandson.
Continue reading ‘Oregon Man Shoots At “Bear” and Kills Marine on a Hike’
Sorry, Not My Examination Room: 82-Year-Old Told To Call For Ambulance After Fall In Hospital!
Published 1, October 22, 2011 Bizarre , Things That Tick Me Off , Torts 54 CommentsSubmitted By Mark Esposito, Guest Blogger
In yet another sign of the Apocalypse, an 82-year-old grandmother was denied medical attention for 30 minutes and told to call an ambulance after she fell and broke her hip. That’s bad enough, but what is particularly infuriating is that she was told this by staff at Greater Niagara General Hospital where she’d fallen.
Does D.C. United’s Charlie Davis Have A Valid Dram Shop Claim?
Published 1, October 20, 2011 Society , Torts 11 Comments
In my torts class, we discuss the scope and purposes of dram shop laws, which expose bars and other businesses to liability for “over serving” customers who get into car crashes or other types of accidents. Washington now has such a case involving D.C. United’s Charlie Davies who is suing the owners of a local nightclub and the company Red Bull for $20 million. He is claiming that they are responsible for his injuries from a fatal car crash that dashed his hopes for joining the 2010 U.S. World Cup team.
Continue reading ‘Does D.C. United’s Charlie Davis Have A Valid Dram Shop Claim?’
Church Under Fire After Three People Die After Being Allegedly Told To Stop AIDS Drugs In Favor Of Prayer
Published 1, October 19, 2011 Courts , Religion , Torts 27 Comments
Now, this could make for an interesting torts lawsuit. The Synagogue Church Of All Nations (SCOAN), a Nigerian-led Evangelical Christian church in London, has claimed to have the cure of people with HIV that involves their stopping all medications and praying for a cure. The results, critics say, has been not the promised “miracle” but three deaths.
Continue reading ‘Church Under Fire After Three People Die After Being Allegedly Told To Stop AIDS Drugs In Favor Of Prayer’
Can The “Adult Baby” Sue Senator Coburn?
Published 1, October 19, 2011 Congress , Society , Torts 30 Comments
There is an interesting controversy in Washington where Stanley Thornton Jr., aka “Adult Baby,” has demanded an apology from Sen. Tom Coburn, who Thorton says effectively accused him of fraud when Coburn called for the Social Security Administration to review his qualification for benefits. Thornton was featured on the National Geographic channel reality television show “Taboo.” Thorton lives part of his life as an “adult baby” and collects Social Security disability payments.
Does Al Qaeda Have A Case For Defamation Against Ahmadinejad?
Published 1, September 28, 2011 Bizarre , Media , Society , Torts 8 Comments
When Iranian President Mahmoud Ahmadinejad has expressed doubt over the official account of the 911 attacks and accused the U.S. government, he has been condemned by other leaders and countries. However, it turns out that the most aggrieved party may be . . . al Qaeda and its allies and sympathizers. Inspire Magazine, a publication founded by Anwar al-Awlaki and often tied by the U.S. to Al Qaeda figures, has come out with a cover story attacking Ahmadinejad for suggesting that al Qaeda was not responsible or someone used in the attacks by U.S. intelligence. It appears that al Qaeda views this “truther” account as nothing short of defamation or at least product disparagement.
Continue reading ‘Does Al Qaeda Have A Case For Defamation Against Ahmadinejad?’
Presidential Hit and Run? Obama Sued For Trashing Massachusetts Airport
Published 1, September 28, 2011 Torts 28 Comments
Now this is an interesting lawsuit. In Massachusetts, Marlboro Airport wants payment of $676,048 for damage caused by “negligent” use of its facility, including unauthorized vehicles that tore up its field. The problem is that the culprit is the U.S. government. In 2010, President Barack Obama descended on the airport and brought with him a huge entourage, including a massive vehicles that were too heavy for the tarmac. After trashing the field, the U.S. Department of Homeland Security refused to compensate the company that runs the field.
Continue reading ‘Presidential Hit and Run? Obama Sued For Trashing Massachusetts Airport’
Irish Coroner Finds Death Was Case Of “Spontaneous Combustion”
Published 1, September 26, 2011 Bizarre , Criminal law , Science , Torts 16 Comments
In my torts class, we often discuss accounts of “spontaneous combustion” particularly after discussing the case of spontaneous combustion of a hay rick in Vaughn v. Menlove. Such cases have occasionally been reported with people, albeit to skeptical police. The latest comes from Ireland where Michael Faherty, 76, seemed to spontaneously combust.
Continue reading ‘Irish Coroner Finds Death Was Case Of “Spontaneous Combustion”’
Space Torts: NASA Puts Risk of Being Hit By Falling Satellite At 1 in 3200
Published 1, September 21, 2011 Academics , Bizarre , Science , Torts 15 Comments
NASA still is unsure where a giant six-ton six-ton satellite will hit this week, but they are trying to calm nerves by saying that the risk of someone being hit is only 1 in 3200. I was struck by that figure because in tort law that would be considered an unacceptable risk in cases of product liability or malpractice.
Continue reading ‘Space Torts: NASA Puts Risk of Being Hit By Falling Satellite At 1 in 3200′
New Picture Shows Pilot Missing on Galloping Ghost Shortly Before Fatal Crash
Published 1, September 21, 2011 Bizarre , Society , Torts 83 Comments
This newly released photograph has raised concerns that the recent deadly crash at the Nevada air race may have been caused by a defective cockpit seat. The pilot, Jimmy Leeward, should have been seen in the cockpit even if he had passed out in the Galloping Ghost, his vintage WWII-era P-51 mustang.
Continue reading ‘New Picture Shows Pilot Missing on Galloping Ghost Shortly Before Fatal Crash’
Submitted by Gene Howington, Guest Blogger
Webster’s defines compassion as:
compassion \kəm-ˈpa-shən\, n.,
: sympathetic of others’ distress together with a desire to alleviate it
In yet another instance of corporate callousness, Claudia Rendon, a 41-year old mother from Philadelphia, was fired from her job at Aviation Institute of Maintenance after taking leave to donate a kidney to her son, Alex. Kidney transplant surgery normally takes six to eight weeks recovery time. Rendon had discussed taking unpaid leave from July 19 to undergo the kidney transplant surgery on July 21 at the Hospital of the University of Pennsylvania and to return to her job on September 1. She told ABC News that on her last day of work, her manager presented her with a letter to sign acknowledging that her job was not secure one hour after telling her that she would have her job upon her return. On August 24, Rendon informed Aviation Institute of Maintenance that she might not be able to return to work September 1 due to severe lower back pain; a common complication of such surgery. Aviation Institute of Maintenance said they wanted a letter from the doctor. The University of Pennsylvania hospital and her short-term disability provider each wrote letters to Rendon’s employer stating she would return to work Sept. 12. Upon making a social visit to Aviation Institute of Maintenance on September 8, she found out her position had been filled by someone else on September 6. Alex, who was a student at AIM, has also suffered repercussions of undergoing this lifesaving transplant. The school is trying to collect $2,000 related to time he took off in addition to trying to charge him $150 to re-enroll. Did Aviation Institute of Maintenance break the law? Or are they just another example of a callous employer lacking in compassion?
Submitted by Gene Howington, Guest Blogger
Cecelia Ingraham had a daughter. Her name was Tatiana. In 2003, her then teen-aged daughter was diagnosed with leukemia. After a brief period of remission, the cancer returned. An opportunistic infection claimed Tatiana’s life in 2005. Tatiana was an only child.
Cecelia Ingraham had a job. It was in New Jersey. She worked for Ortho-McNeil Pharmaceutical for 12 years as an administrative assistant in the marketing department. At this job, she had a cubicle. In this space, Cecelia kept mementos of her daughter not unlike any grieving parent might; pictures and a pair of ballet slippers. On this job, like any job, not all discussions are about business matters. In the course of meandering discussions, Cecelia sometimes talked about her deceased daughter not unlike any grieving parent might. In the spectrum of trauma human beings can face, “what’s the worst trauma” is a zero sum game, but in that spectrum there are certainly forms of trauma that are uniquely painful due to their nature. In that regard, for a parent to lose a child is a unique trauma. It leaves an emotional scar that for most never fully goes away.
About a year and a half after Tatiana’s death, Carl DeStefanis, Director of Marketing, at the urging of Human Resources, had a discussion with Cecelia Ingraham “to convey complaints [Human Resources] had received about plaintiff’s conduct and interaction with co-workers. Several of those complaints were unrelated to Tatiana, but administrative staff in the department had also remarked about plaintiff’s tendency to speak to them about Tatiana’s tragic passing. The co-workers said they sympathized with plaintiff, but they felt uncomfortable and at a loss for ‘what else that we can say that we have not said already.’ The co-workers said they tended to avoid contact with plaintiff and to take work or questions elsewhere.” DeStefanis told Cecelia Ingraham that she needed to remove the pictures and ballet shoes of her deceased daughter from her cubicle and that she could “no longer speak of her daughter because she is dead” and should act as if her daughter “did not exist”.
Distraught, Cecelia left work that day and did not return. Over the next few days, she began to have sudden heart palpitations that required surgery. After the surgery and some recovery time, Cecelia Ingraham resigned her position at Ortho-McNeil Pharmaceutical. She then filed suit for Intentional Infliction of Emotional Distress (IIED) against Ortho-McNeil Pharmaceutical, their parent company Johnson & Johnson, and Carl DeStefanis. What happened next might be seen by some people as adding insult to injury. Her case was dismissed. But was it a result of bad law or a failure in basic empathy?
Armed Man Assaults Clerk, Hops Over Counter With Gun, Fires At Man . . . Walgreen Denies Armed Robbery In Progress
Published 1, September 9, 2011 Bizarre , Criminal law , Society , Torts 32 Comments
We have previously followed employees fired or denied benefits for resisting robberies, even when coming to the aid of customers. In the case of Jeremy Hoven, the pharmacist says he was fired by Walgreens after he foiled a late-night robbery in Michigan. He has now filed a wrongful termination lawsuit and Walgreens’ answer to the complaint has an interesting reported twist.
Florida Teen Arrested After Successfully Posing As Physician’s Aide At Hospital ER
Published 1, September 8, 2011 Bizarre , Criminal law , Society , Torts 14 Comments
Matthew Scheidt, 17, has been charged in a bizarre case where he successfully posed as a physician’s assistant for two weeks at a hospital. He was able to work in the ER, remove IV, and perform examinations at the Osceola Regional Medical Center in Kissimmee, Florida.
Continue reading ‘Florida Teen Arrested After Successfully Posing As Physician’s Aide At Hospital ER’
Police Assist Apple Security In Search For iPhone 5
Published 1, September 3, 2011 Constitutional Law , Media , Torts 13 Comments-Submitted by David Drumm (Nal), Guest Blogger
It appears that a prototype of the new iPhone 5 was lost at a bar in San Francisco. Can you say déjà vu all over again? Apple was able to track the device to a residence in San Francisco and four San Francisco police officers accompanied two Apple employees to the residence.
“The two Apple (security) employees met with the resident and then went into the house to look for the lost item. The Apple employees did not find the lost item and left the house,” the police statement said.
Continue reading ‘Police Assist Apple Security In Search For iPhone 5′
Negligence or Assumption of the Risk? Paintball Causes British Woman’s Breast Implant to Rupture
Published 1, August 30, 2011 Society , Torts 28 Comments
Now this is a bizarre potential tort case out of Britain. A 26-year-old woman’s gel breast implant exploded when hit by a paintball traveling at 190mph. The question is whether Paintzone Park near Croydon, or the paintball gun manufacturers, should be liable under a strict liability or negligence theory.
Continue reading ‘Negligence or Assumption of the Risk? Paintball Causes British Woman’s Breast Implant to Rupture’
El Paso County Jury Rules In Favor Of Family Of Burglar Killed By Business Owner
Published 1, August 29, 2011 Society , Torts 73 Comments
A Colorado jury has rendered a rare award to the family of a burglar killed in the course of a crime. Verdicts like this one are likely to be used by advocates of Castle Doctrine or “Make-My-Day laws — laws designed to protect citizens from criminal liability in the protection of their homes, or in some cases, their businesses. The El Paso jury awarded roughly $300,000 to the family of Robert Johnson Fox, who was shot in the course of an attempted burglary of a car lot.
Continue reading ‘El Paso County Jury Rules In Favor Of Family Of Burglar Killed By Business Owner’
Eleven Out of Ten Doctors Agree: Perry’s Shaky Math on Tort Reform
Published 1, August 26, 2011 Politics , Society , Torts 92 Comments
With Rick Perry taking the lead in the Republican primary, tort reform is expected to be, again, a major campaign issue. I have long been a critic of efforts to cap damages and I have seen firsthand how these caps often lead to families being unable to secure counsel in fights with big companies. Now, Perry is claiming that his “reforms” have led to 21,000 more doctors coming to Texas. The article below shows how this claim is entirely unsupported.
Continue reading ‘Eleven Out of Ten Doctors Agree: Perry’s Shaky Math on Tort Reform’
Negligence of Act of God? Ninety-Five-Year-Old California Man Stung Over 600 Times By Bees
Published 1, August 25, 2011 Animals , Environment , Torts 20 Comments
This week, I was milking sympathy after being stung twice by bees on two successive days walking our dog, Molly, through our nearby forest. The sympathy then came to an end when I saw this story about an elderly man in Redondo Beach, California.
Kentucky Man Loses Lawsuit Over Amputation of His Penis Without Consent
Published 1, August 25, 2011 Bizarre , Torts 34 CommentsThere is an interesting torts case of consent out of Shelbyville, Kentucky where truck driver Phillip Seaton, 64, sued after a doctor amputated part of his penis in what was supposed to be a simple circumcision operation. Dr. John Patterson insists that, upon examination, he found the penis to be infused with cancer and took the step in the best interests of the patient. A jury agreed and ruled for Patterson.
Continue reading ‘Kentucky Man Loses Lawsuit Over Amputation of His Penis Without Consent’
Recent Comments