Archive for the ‘Torts’ Category

635520224284194052-attorneyThe allegations facing lawyer Michael Fine, 57, are truly bizarre. Police say that Fine convinced clients to let him hypnotize them and then had sex with them while telling them to forget everything but their legal discussions from the office visits.

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200px-nancy_grace200px-Cnn.svgTelevision host Nancy Grace is again being sued this week over the latest example of her low-grade, gotcha programming. Grace is being sued by a man who she labeled the “selfie stalker” for allegedly taking a picture with a crime victim’s cellphone. The problem is that Ben Seibert is not a stalker and did not take such a picture with the phone. He was cleared of the allegations but that did not stop Grace from continuing to shred his reputation on-air. It is always shocking to see Grace appear not just on CNNHD but CNN generally. If, as the tagline reads, “this is CNN” it has truly experienced a fall from Grace.

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India flagIndian officials are investigating a shocking case where 10 women have died and dozens of others hospitalized after participating in a state-run mass sterilization. The over 80 women underwent sterilizations by a single doctor in a single day in the central state of Chhattisgarh on Saturday. The most remarkable statement came below from the chief medial officer who promised an investigation.

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milleryoungincident2 We have been following the controversy surrounding the confrontation of Feminist Studies Associate Professor Mireille Miller-Younga with pro-life advocates on campus. Miller-Young led her students in attacking the pro-life display, stealing their display, and then committing battery on one of the young women. Thrin Short, 16, and her sister Joan, 21, filed complaints and Miller-Young was charged with criminal conduct including Theft From Person; Battery; and Vandalism. Miller-Young was convicted and sentenced in August. Despite the shocking conduct of Miller-Young and the clear violation of the most fundamental values for all academics in guaranteeing free speech and associational rights, the faculty overwhelmingly supported Miller-Young and the university decided not to impose any meaningful discipline. Now, the victims are suing Miller-Young, the UC Regents and others in seeking both compensatory and punitive damages. The lawsuit could finally force the University to explain its inexplicable response, or lack thereof, to the highly improper conduct of Miller-Young. As discussed below, Michael D. Young, Vice Chancellor of Student Affairs, not only issued a statement that seemed to blame the victims but faculty defended Miller-Young’s conduct, including arguments that the pro-life advocates were “terrorists”; Miller-Young’s response was due to that fact that she was pregnant and even that her expression of satisfaction was nothing more than her “mask” from a “cultural legacy of slavery.” Those arguments are likely to find little traction in a court of law.

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B01_Brake_failure.svg220px-Terrier_mixed-breed_dogIn torts, we often discuss no fault insurance systems but this story out of Victoria is remarkable. A woman was run over by her own car after her own dog released the handbrake on the car. Victoria’s Transport Accident Commission (TAC) still awarded her $140,000 worth of compensation for injuries to her hip, shoulders, back, and neck. The resolution of the case took over nine years.

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479px-Construction_WorkersA bizarre tragedy has struck at a construction site in New Jersey where Gary Anderson, 58, was hit and killed by a falling tape measure from 50 stories above. The one-pound tape measure came off a construction worker and hit Anderson who had just stopped to speak with another worker in a pick up truck.

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By Darren Smith, Weekend Contributor

scales_of_justiceThe Washington Supreme Court heard an appeal brought by attorneys representing the internet website backpage.com resulting from a lower court ruling allowing the trial to proceed against the site for allegations that it assisted child sex traffickers to lure children toward sexual exploitation in the state. The argument primarily rests on whether backpage.com can claim immunity under the Communications Decency Act, Title 47 USC 230. The respondents, three unnamed child victims, argued that backpage.com created an environment and construed posting rules that guided alleged sex traffickers and those offering adult services to evade law enforcement and other sanctions, thereby assuming the role of a developer of content which would exempt backpage.com from immunity under the CDA.

The case is being monitored for its potential implications on the freedom of websites to host content from subscribers without being subject to undue liability in the strict sense and the limits to which websites can be responsible. Amicus briefs were filed by interests such as the Electronic Frontier Foundation, and the National Center For Missing and Exploited Children

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