In my torts class, we just discussed the privilege of self-defense, the Castle Doctrine, and statutory Stand Your Ground laws. There is a new case out of Indiana where Martell Pickens, 30, is facing reckless homicide charges for the shooting of Khadolphee Taylor, 25, outside his Fort Wayne home. The case shows the conflicts that arise in the application of both common law and statutory privileges in the use of lethal force.
Continue reading “Self-Defense or Reckless Homicide? Indiana Homeowner Arrested After Shooting Alleged Felon”
Category: Torts
Some of us have been closely following challenges to A1765, New Jersey’s gun industry liability law. In my view, the law is facially invalid and preempted under federal law, and we may now find out after the United States Court of Appeals for the Third Circuit greenlit a challenge from the National Shooting Sports Foundation (NSSF) yesterday. The court found that the NSSF has standing to bring the lawsuit, which could reach the United States Supreme Court. Continue reading “Lock and [Re-]Loaded: Third Circuit Greenlights Major Challenge to New Jersey Gun Liability Law”
The Administration won a major victory before the Supreme Court this week, securing a 5-4 decision allowing the resumption of construction of the new White House ballroom. Notably, Chief Justice John Roberts wrote a dissent with his three liberal colleagues to oppose the move. The case turns on the standing of challengers to bring the case. However, as a torts professor, what intrigued me was what the case says about aesthetic injuries. Continue reading “Eye of the Beholder: Aesthetic Injury and the White House Ballroom”
University of Pennsylvania Professor Michael Mann is the Vice Provost for Climate Science, Policy, and Action and has pushed candidates to commit to major environmental reforms. Notably, he seemed to pivot in an interview with Peter Dominick on a podcast last week, calling for all Democratic candidates to face a litmus test on committing to pack the Supreme Court: promise to pack or get the sack. It is only the latest example of how the hostile takeover of the Court is now the priority for many Democrats in removing a barrier to a radical agenda.
Below is my column on Fox.com on the Meta settlement over social media harms. These damages often seem like monopoly money for a corporation that could wipe out the loss in the market and pass on costs to consumers. If so, Mark Zuckerberg just pulled a community chest card to collect money from every other social media player.
Here is the column: Continue reading “Monopoly Money: Why Meta “Likes” the $16 Billion Settlement”
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”
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””