The Christmas Eve order for the New York Times to return confidential legal material from the conservative publication, Project Veritas, has led many to decry the imposition of a “prior restraint” on the media. I joined in expressing those concerns about courts preventing a news publication and then ordering the return of material sent by a source. That issue will be now be addressed in the courts. One question, however, remains: when will the FBI raid the home of New York Times publisher, A.G. Sulzberger? Continue reading “Ashley Biden’s Diary: Will The FBI Raid The New York Times?”
Category: Torts
The conviction of former Minnesota police officer Kim Potter for manslaughter brought closure for the family of Duante Wright and many in our society. The fact, however, is that it will not bring closure on the long-standing debate over the criminalization of negligence in weapon confusion cases. Continue reading “The Potter Verdict: Was The Jury Right But the Law Wrong on Culpable Negligence?”
Former Covington Catholic High School student Nicholas Sandmann has reached another settlement with a major news organization over the widespread false reporting of his encounter with a Native American activist in front of the Lincoln Memorial on January 18, 2019. Sandmann previously settled with the Washington Post and CNN. He has now settled his $275 million defamation lawsuit against NBC. Unfortunately, such damages have become the cost of doing business for many in the media in the age of advocacy journalism where the narrative is more important than the news. Having a MAGA-hatted, racist, pro-life high school student abusing an elderly Native American was a fact too good to check — even when it required as little as watching the unedited videotapes. Continue reading ““Our Pride is Showing”: NBC Settles With Nicholas Sandmann”
Recently, I noted the curious scene of actor Alec Baldwin insisting with reporters that he has been given clear legal instructions not to discuss the shooting of Halyna Hutchins at the set of the movie “Rust” . . . and then making detailed statements about the shooting. Now, with an ongoing criminal investigation and various civil lawsuits expected to be filed, Baldwin has given a detailed statement to ABC News’ George Stephanopoulos, including a surprising claim that he never pointed the gun or pulled the trigger. That interview may be one of his most watched scenes, particularly if he is charged criminally or sued civilly.[Update: Santa Fe’s Democrat D.A. Mary Carmack-Altwies has stated that it is possible that Baldwin didn’t pull the trigger on the gun].
Continue reading “The Gun Did It? Baldwin Denies Pulling The Trigger in Fatal “Rust” Shooting”
We have often discussed how dissenting faculty and students are increasingly subjected to retaliation for the exercise of free speech or free association on campuses. In many cases, such treatment involves shunning or blackballing by school administrators to prevent professors or students from participating in programs. That is the complaint by two law students (identified only as John Doe and Jane Doe) who allege that they were blackballed for supporting Professor Amy Chua, who was previously discussed as embroiled in a controversy at the school after she defended Justice Brett Kavanaugh. The students make some shocking allegations against the Yale Dean and other administration officials.
Continue reading “Yale Law Students Sue Over Alleged “Blackballing” For Supporting Law Professor”
Below is my column in the Wall Street Journal on the ongoing opioid litigation and an important ruling out of the Oklahoma Supreme Court. The product has become the latest battleground over the use of public nuisance to curtail products from paint to pills to guns.
Here is the column:
In the Georgia trial over the killing of Ahmaud Arbery, Judge Timothy Walmsley delivered a haymaker to the defense on the very eve of closing statements. The court ruled that Georgia’s prior citizen’s arrest law is only applicable if a person sees a felony committed and acts without delay. The ruling could be “outcome determinative” in the case by stripping away the core defense that these men were chasing a person suspected of a series of crimes over the last year. Travis McMichael, his father, Greg McMichael, and William “Roddie” Bryan are likely to make this ruling the heart of any appeal if they are convicted. Continue reading “Arbery Trial Judge Delivers Massive Blow to the Defense on the Eve of Closing Statements”
In the aftermath of the Rittenhouse verdict, figures on both sides of the case threatened new filings and investigations. It seems likely that the case will move into a new stage of litigation, particularly civil litigation. However, advocates on both sides may be overstating the basis for a Rittenhouse 2.0. These lawsuits can come with risks and considerable costs. That is why Voltaire once lamented “I was never ruined but twice: once when I lost a lawsuit, and once when I won one.” Continue reading “Rittenhouse 2.0: Threats of New Litigation Fly in the Aftermath of Rittenhouse Verdict”
We had just finished discussing animal liability in my torts class when a bizarre case from Halloween surfaced involving the girlfriend of Texas special teams coach Jeff Banks. The account involves a stripper known as Pole Assassin, a monkey used in her act, and a wandering child at the house of horror she created for Halloween . . . and they say my torts exams are unrealistic. Continue reading ““No One is Allowed to Touch Her!”: Child Bitten By Pet Monkey in Halloween House of Horrors”
Here is my annual list of Halloween torts and crimes. Halloween of course remains a holiday seemingly designed for personal injury lawyers around the world and this year’s additions show why. Halloween has everything for a torts-filled holiday: battery, trespass, defamation, nuisance, product liability and more. This year, we have the usual fun frights caught on camera, nuisance complaints from “triggered” neighbors, and the occasional misdirected murder investigation. However, there are still some notable additions that raise more legal frights.
So, with no further ado, here is this year’s updated list of actual cases related to Halloween. Continue reading “Spooky Torts: The 2021 List of Litigation Horrors”
This week, we discussed the case of a surgeon who left an operating room to eat a meal and then fell asleep in his car — missing the operation. Now, there is a new case involving a Democratic representative and surgeon from Maryland who participated in legislative meetings while operating. The multitasking of Dr. Terri Hill, a state delegate and board-certified plastic surgeon, led to a relatively light sanction: a reprimand and a $15,000 fine by the state physician’s board. Continue reading “Multitasking or Malpractice? Maryland Surgeon and State Delegate Reprimanded After Participating in Hearings During Surgeries”
There is a new controversy out of Boston that raises novel legal questions over malpractice. Dr. Tony Tannoury, 54, left an operating room with a patient prepped for ankle surgery at Boston Medical Center to eat in his car. He fell asleep and woke up that evening, long after the operation was completed by a resident. He has been reprimanded by state regulators and fined $5,000. However, some have complained that this is merely a “slap on the wrist” and more serious punishment should have been meted out. It raises an interesting question under torts. Continue reading “Boston Doctor Fined After Leaving Patient in Operating Room and Falling Asleep in His Car”
We have previously discussed “Castle Doctrine” and “Stand Your Ground” laws. The latest such case comes from Martindale, Texas where Terry Duane Turner, 65, is charged with the first-degree murder of Adil Dghoughi, 31. Dghoughi was sitting in his car in the driveway of Turner’s home before the confrontation leading to his death.
As people venture out after the lock down in England, a man in Windsor, England has a cautionary tale. The man decided to take in the sun in his backyard when, according to news reports, he and his entire yard were covered in human waste dumped by a passing plane. That is not the end to this rather obnoxious situation.