Edward Druzolowski, 78, is facing a second-degree murder charge in Florida after gunning down his neighbor over a tree cutting dispute. Brian Ford, 42, was on Druzolowski’s property trimming limbs from a tree between their property when Druzolowski told him to leave. What unfolded led not only to murder charges, but may lead to a controversial defense. Continue reading “Tree Cutting Dispute Leads to Murder Charges in Florida”
Category: Torts
In torts, we discuss the “no duty to rescue” doctrine in torts. Under the common law, you are not legally required to assist a person in peril if you had no responsibility for their injury. A recent incident in the Grand Canyon National Park raised some of the underlying issues that we debate in our discussion of this doctrine. A 63-year-old hiker was rescued after he was injured in a fall and his friends left him behind to continue their “backpacking adventure.” Continue reading “Backpackers Abandon Seriously Injured Friend in Grand Canyon After Calling Sheriff”
To paraphrase Hamlet, there is “something rotten” in the state of Delaware. Filings in the Delaware Supreme Court this week were made public in the litigation involving Mac Isaac, the owner of the computer repair shop where Hunter Biden abandoned his now infamous laptop. Miranda Devine at the New York Post has a detailed story on the new evidence. It appears that Hunter Biden is terribly embarrassed by a laptop that may not be his and pictures that may not show him. I previously wrote how his countersuit against Isaac would go forward on this bizarre basis in claiming privacy harm. Well, Hunter’s performance has proven positively Shakespearean as he tries to maintain these conflicted legal and factual claims. Continue reading “Hunter Plays Hamlet on the Delaware: New Filings in the Laptop Litigation Take a Shakespearean Twist”
In my torts class, I often compare the different approaches and doctrines in the United States and the United Kingdom. One of the most pronounced is the position and authority of physicians on issues like consent and malpractice. This week produced a particularly striking example. British doctors are seeking to take a 19-year-old critically ill female patient off the intensive care despite her objections and those of her parents. Unlike most such cases, the woman known only as “ST” is conscious and communicative. Yet, the doctors argue that she is not being realistic about her chances of survival from a rare disorder. Now a British court has agreed and ordered that she can be placed on end-of-life care against her will. Continue reading “British Court Rules that Competent and Conscious Patient Can Be Denied Life-Sustaining Treatment Against Her Will”
Former Trump attorney Rudy Giuliani lost a defamation lawsuit by default Wednesday in Washington, D.C. In a 57-page ruling, United States District Judge Beryl Howell shredded Giuliani for not producing evidence in the case filed by election workers Ruby Freeman and Shaye Moss. She then ordered a default and the payment of the plaintiffs’ attorneys fees totaling tens of thousands of dollars as well as punitive damages. Continue reading “Giuliani Loses Defamation Case By Default”
A terrible tragedy has befallen the University of South Carolina after sophomore Nicholas Anthony Donofrio, 20, was shot and killed on the front porch of a house in Columbia. He was reportedly trying to enter the wrong home near the campus around 2 am. Donofrio lived at a house on the same street. It is an all-too-familiar pattern that we often discuss in my torts class where people are confused and try to enter the wrong home. Continue reading “University of South Carolina Student Killed in Possible Castle Doctrine Case”
I previously wrote a column on what I described as Alex Baldwin’s greatest imitation of Donald Trump . . . in a lawsuit. Baldwin was sued for a reprehensible attack on on the family of Marine Lance Cpl. Rylee J. McCollum, killed in the Aug. 26 suicide attack in Kabul during the U.S. withdrawal from Afghanistan.. He falsely accused the marine’s sister Roice McCollum of being an “insurrectionist” but insisted that his rhetoric was protected political speech and that he was not responsible for how third parties responded to his inflammatory postings on social media. Baldwin’s channeling of Trump arguments in court has proven equally successful. As expected, a court has ruled for Baldwin after finding that the sister of the fallen Marine was a limited public figure.
Continue reading “Alec Baldwin’s Trump Defense: A Torts Case Where Imitation Merged With Litigation”
Below is my column in the New York Post on the riot caused by Kai Cenat in New York. Torts has long struggled with the vicarious liability of promoters and celebrities for accidents. However, the use of criminal charges, in my view, is neither needed nor wise.
Here is the column: Continue reading “Kai Cenat is a Fool, Not a Felon”
We previously discussed the controversy over President Biden’s prior German shepherd, Major, biting people at the White House. Now it appears that Major’s replacement, Commander, has continued to nosh on Secret Service agents. The question is not the responsibility of Commander but his master in this pattern of dog attacks. Continue reading “Master and Commander: What is the Liability for President Biden in the Latest Dog Attacks”
A University of Notre Dame sociology professor, Tamara Kay, is suing a college newspaper for defamation after the students wrote articles on her advocacy for abortion rights. The Irish Rover is an independent, conservative publication and the students are standing by their coverage. Continue reading “Notre Dame Professor Sues Student Newspaper Over Her Pro-Abortion Advocacy”
Seattle-based ice cream company, Molly Moon’s Homemade Ice Cream, is in a dilemma. It wants to continue to support Black Lives Matter but it wants to recoup loses from the “CHOP” zone created by BLM activists and others in 2020. It is suing the city over the abandoning of part of the city to the groups to form the Capitol Hill Autonomous Zone (CHAZ) but was later renamed the Capitol Hill Occupied protest (CHOP). While first supporting the autonomous zone as part of a “summer of love,” Democratic politicians like then Mayor Jenny Durkan later distanced themselves from the massive damage and crime in the zone. Continue reading “Chopped: Seattle’s Molly Moon Sues Over Autonomous Zone that the Ice Cream Shop Once Heralded”
Teaching torts, it is easy to develop a sense of the macabre. Torts involves every possible thing that can happen to people from finding a toe in chewing tobacco (Pillars) to being killed by a flying coffin at an amusement park (Chueng). Since I was a law student, I have also noted bizarre “flying body” cases of torts. This week a former student named Ben sent a personal account of a truly bizarre run-in with an airborne cow. Fortunately, the family was unharmed in the incident. The same cannot be said for the cow.
Continue reading “Mooving Violation: Family Hit By Flying Cow in North Carolina”
Fox News has reached a settlement with Dominion Voting Systems for a reported $787 million. That was roughly half of the $1.6 billion originally sought in the defamation case, but represents a massive payout to the company which claimed to have been defamed by the network. Continue reading “Fox Reportedly Agrees to $787 Million Settlement in Dominion Defamation Lawsuit”
Joseph E. Foreman, a rapper also known as “Afroman,” is the subject of a filing in Ohio (below) by seven police officers alleging that he has misused their images to sell merchandise and place them in a false light. The images, however, were taken during a raid on Foreman’s home, which failed to turn up any evidence of criminal conduct. I am skeptical of the claims, but there are novel elements that could lead to some important clarifications under Ohio tort law.
Continue reading “Police Officers Sue “Afroman” for the Use of Their Images from Raid on his Home”
Nina Jankowicz is back. After a public outcry forced the Biden Administration to kill its infamous Disinformation Government Board, Jankowicz became famous or infamous as the head of the board. She became an instant Internet sensation due to a musical number in which she sang “You can just call me the Mary Poppins of disinformation” in a TikTok parody of the song “Supercalifragilisticexpialidocious.” After her brief stint in the Biden Administration, Jankowicz reportedly registered as a foreign agent with an British group to continue her disinformation work. She is now reinventing herself as the Mary Poppins of defamation and ostensibly seeking $100,000 to sue Fox News for defamation.
Continue reading “The Mary Poppins of Defamation? Nina Jankowicz Solicits Funds to Sue Fox News”