In this political season, there is one question that needs no poll: Rahil Prakash is a liar. The other thing we know is that he will likely get away with spreading fake polling results. Lies can be protected speech under the First Amendment and, while Prakash would not likely want to take a popularity poll, he is unlikely to face legal consequences for his “short-term social experiment.” Continue reading ““I Hope it Gives a Really Good Lesson Going Forward”: Rahil Prakash and the License to Lie”
Category: Torts
There is a novel (and highly dubious) lawsuit filed in Delaware by the nation of Azerbaijan against CNN for a story claiming that it was cooperating with Israel in attacks on Iran. Republic of Azerbaijan v. CNN, Inc. borders on the legally frivolous, but it is likely politically advantageous to show Iran that it contests the allegations. Continue reading “Azerbaijan Sues CNN Over Story on Cooperation with Israel in War on Iran”
Former U.S. Sen. Kyrsten Sinema is continuing to challenge the lawsuit brought by the wife of her former security guard and lover, Matthew Ammel. Sinema has admitted to having an affair with Ammel while she was the Democratic senator from Arizona. Heather Ammel’s lawsuit alleges the tort of alienation of affection, an action many may find outdated in our more open or indulgent culture. I start teaching my torts class this week, and the alienation tort remains a controversy at the intersection of tort and constitutional law. Continue reading ““Putting my Hand on Your Heart”: Former Senator Kyrsten Sinema Accused of “Alienation of Affection””
I have taught torts, including defamation for over 30 years, but I have never seen the like of the Hunter Biden defamation case. The defendant made defamatory statements and then just refused to appear. That led to an equally bizarre $1.7 million award by U.S. District Judge Stephen Wilson of the Central District of California to Biden, consisting of just $1 in nominal damages and the rest in punitive damages.
Below is a longer version of my column in the New York Post on the announced plan of Israel to sue the New York Times. The country faces some difficult challenges under tort law. However, the strategy may be in large part an effort to secure discovery (and a public forum) more than a verdict.
Here is the column: Continue reading “Defamation, She Wrote: Israel Moves to Sue the “Gray Lady” Over Kristof Column”
California gubernatorial candidate Tom Steyer has run on the slogan of “actions speak louder than words.” It may now be time for him to prove it and bring a defamation action against opponent Katie Porter for her accusations that he engaged in dirty politics. Porter used a CNN interview to accuse Steyer of finding and leaking the infamous video of her abusing a staffer and yelling “Get out of my f**king shot.” Continue reading ““Actions Speak Louder Than Words”: Can Tom Steyer Now Sue Katie Porter for Defamation?”
The indictment of the Southern Poverty Law Center on federal fraud charges this week is the start of what could become not just a major criminal prosecution but a major constitutional challenge. At issue is whether the Center’s secret operations to enlist and pay informers constituted fraud of its donors. Continue reading “The SPLC Indictment: Can Public Interest Groups Run Alleged Black-Bag Jobs and Confidential Informants?”
Below is my column in the New York Post on the California verdict against Google and Meta. Google’s “Don’t Be Evil” went from a motto to a jury verdict. The jury clearly believed that these companies were malicious and manipulative toward minors, but there remain considerable questions over the basis for the liability of social media companies.
Here is the column: Continue reading ““Don’t Be Evil”: Google’s Motto Becomes a Jury Verdict in Calfornia”
Erika Kirk, the widow of Charlie Kirk, has been the subject of a shocking level of personal attacks and conspiracy theories. The latest such example involves a site called Project Constitution, which posted an allegation (with a recording of the purported voice of Erika Kirk) that she helped recruit underage girls for Jeffrey Epstein. It is untrue, but other posters soon spread the viral claim.
Continue reading “Erika Kirk and the Perils of Being a “Public Figure””
Last year, I wrote a column expressing concerns over the move to release the Epstein files en masse, including grand jury material. The files include a wide range of tangential figures and unsupported allegations common to criminal investigations. Politicians eager to capitalize on the scandal would likely show little concern for the underlying facts in “outing” names and repeating unproven allegations.
That fear was realized this week with the chest-pounding speech of Rep. Ro Khanna (D., Cal.) on the House floor in which he took credit for outing six “wealthy, powerful men” who he suggested were actively shielded by the DOJ from public exposure. After the DOJ unredacted the names at his request, he read them on the floor. It turns out that four have nothing to do with Epstein. Continue reading “Ro Khanna and the Impunity of “Wealthy, Powerful Men””
There is a major verdict out of Texas where a mother and an attorney were ordered to pay millions for perpetuating an alleged hate crime hoax that was eagerly spread by the mainstream media. Asher Vann, a minor at the time, was labeled a racist maniac who tortured SeMarion Humphrey, his black classmate, with other classmates. After the jury found that the allegations constituted the intentional infliction of emotional distress, the same media that spread the story remained conspicuously silent. Crickets. Continue reading “Alleged Hate Crime Hoax Leads to Major Civil Award . . . Media is Silent”
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”
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”