Category: Torts

Politics, Torts

Can Hillary Clinton Be Sued for the False Claim About Trump’s J6 Culpability?
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?” →

Torts

“Smash, Smash, SUH-MASH!”: Court Axes Case of Kai the Hatchet-Wielding Hitchhiker

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” →

International, Torts

China Sues Sen. Schmitt and Others For Defamation Over COVID-19 Lawsuit

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” →

Congress, Politics, Torts

Cover-Up or Frame-Up? How the Democratic Epstein Releases are a Classic Example of False Light

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” →

Constitutional Law, Free Speech, Torts

Border Tsar Homan Announces Investigation into Rep. Omar: A Case for Fraud or Defamation?

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?” →

Criminal law, Torts

The Death of Michael Virgil: Royal Caribbean Faces Major Torts Case Over the Death of a Passenger

Michael Virgil kicks cruise ship door.

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” →

Criminal law, Torts

ChatGPT Accused of Encouraging Alleged Serial Stalker in Latest OpenAI Controversy
Animals, Environment, Torts

Dead Cows Don’t Fart? Countries Raise Concerns Over Methane-Reducing Additive for Cows

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.

Continue reading “Dead Cows Don’t Fart? Countries Raise Concerns Over Methane-Reducing Additive for Cows” →

International, Torts

“What has Become of Us”: Rosie O’Donnell May Have Just Handed Trump a Golden Defamation 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.

Continue reading ““What has Become of Us”: Rosie O’Donnell May Have Just Handed Trump a Golden Defamation Lawsuit” →

International, Politics, Torts

“You Can’t Handle the Truth”: UK Health Watchdog Reportedly Refuses to Release Data on Vaccine Deaths

The United Kingdom’s public health service is reportedly refusing to release data on the potential relationship between the COVID vaccine and excess deaths. The reason? It would upset people to know the truth. The question is whether British citizens have become so passive and yielding that they will support their government, keeping them from learning the facts about vaccines and allowing them to reach their own conclusions.

Continue reading ““You Can’t Handle the Truth”: UK Health Watchdog Reportedly Refuses to Release Data on Vaccine Deaths” →

Animals, Columns, Torts

The Canine Menace: Dog Shoots Man in Pennsylvania

Next time your dog begs for a treat, you might want to give it to him. In Pennsylvania, a dog reportedly wounded his owner with a shotgun left on the bed, while in North Carolina, a dog was caught on camera setting a house (of the assistant fire chief no less) on fire with a damaged lithium battery. Since I just finished teaching my torts students about animal liability, these cases offer a teachable moment for humans and canines alike.

Continue reading “The Canine Menace: Dog Shoots Man in Pennsylvania” →

Politics, Torts

Trump Announces Defamation Lawsuit Against BBC

President Donald Trump on Friday announced that he plans to file a defamation lawsuit against the BBC for up to $5 billion over a misleading edit of his January 6, 2021, speech for the investigative documentary series Panorama. While the BBC has apologized, pulled the program, and announced the resignation of two top executives, President Trump is demanding compensation. The lawsuit, however, would be challenging if filed in the United States. (For full disclosure, I previously served as legal analyst for the BBC). Continue reading “Trump Announces Defamation Lawsuit Against BBC” →

Criminal law, Torts

Housecleaner Shot and Killed in Indiana After Trying to Enter Wrong House

We have another Castle Doctrine or Stand Your Ground controversy this week. In Whitestown, Indiana, Maria Florinda Rios Perez, 32, died in her husband’s arms after the couple went to the wrong address to clean a house. The unidentified homeowner reportedly shot through the door. A GoFundMe site has been set up for her family. She was the mother of four.

Continue reading “Housecleaner Shot and Killed in Indiana After Trying to Enter Wrong House” →

Res ipsa loquitur – The thing itself speaks