Category: Torts

Criminal law, Torts

Hutchins Family Sues Baldwin and Others For Wrongful Death

As expected, the family of cinematographer Halyna Hutchins has sued actor Alec Baldwin and others for wrongful death in the fatal shooting on the set of the movie “Rust.” The complaint details evidence of negligence on the part of the production team, which includes Baldwin as a producer. The lawsuit is on behalf of Halyna’s husband, Matthew Hutchins, and their son Andros Hutchins. There is also a pending criminal investigation. As previously discussed, there is ample support for such a negligence claim and there will likely be enormous pressure to settle this case.

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Media, Torts

Palin v. NYT: New Evidence Suggests the New York Times Ignored Internal Objections to Palin Editorial

We have previously discussed the lawsuit of former Alaska Gov. Sarah Palin (R) against the New York Times, a lawsuit that could have far reaching implications for defamation law in the United States. The trial began with the introduction of evidence that the New York Times editorial board ignored internal objections to publishing the 2017 column linking Palin to the 2011 shooting in Tucson, Arizona in which then-U.S. Rep. Gabrielle Giffords, D-Ariz was seriously injured. Continue reading “Palin v. NYT: New Evidence Suggests the New York Times Ignored Internal Objections to Palin Editorial” →

Congress, Constitutional Law, Free Speech, Media, Politics, Torts

“A Stain on Our Democracy”: Vindman Sues Donald Trump Jr., Rudy Giuliani and Others for Witness Intimidation

Lt. Col. Alexander Vindman, the former Director for European Affairs for the National Security Council, has filed a federal lawsuit alleging violations of his civil rights by Donald Trump, Jr.; attorney and Trump advisor Rudy Giuliani; former Deputy White House Communications Director Julia Hahn; and former White House Director of Social Media and Deputy Chief of Staff for Communications Daniel Scavino, Jr. He alleges a “conspiracy” to intimidate him and to retaliate against him as a witness against Donald Trump during his first impeachment proceedings. It claims that this conspiracy has left “a stain on our democracy.” The lawsuit is novel and would create new law, if successful. However, after reading the filing, I remain skeptical of the legal basis for the action. Continue reading ““A Stain on Our Democracy”: Vindman Sues Donald Trump Jr., Rudy Giuliani and Others for Witness Intimidation” →

Academia, Constitutional Law, Free Speech, Torts

University of Illinois (Chicago) Law Professor Sues Over Exam Controversy

We previously discussed the treatment of Professor Jason Kilborn, who was put on indefinite administrative leave after using a censured version of the n-word in an exam question at the University of Illinois Chicago (UIC). He is now suing the school over his treatment, including the required participation in sensitivity training and denial of a standard pay increase for faculty. We discussed today another free speech controversy at University of Illinois (Urbana Champaign) over the student government seeking to bar former Attorney General Jeff Sessions from campus.

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Columns, Constitutional Law, Politics, Society, Torts

Baldwin’s Trump Defense: How A Defamation Lawsuit May Be Baldwin’s Greatest Parody

Below is my column in the Hill on the defamation lawsuit facing actor Alec Baldwin. Where Baldwin famously adopted the persona of Trump for Saturday Night Live, he will now likely adopt his actual legal defense to fend off the family of a Marine killed in Afghanistan. If you found it hard to tell the difference between the two personalities, it is going to get a lot worse in McCollum v. Baldwin.

Here is the column:

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Courts, Media, Torts

Second Circuit Refutes Allegations Involving Law Clerk in Mediaite, Above the Law, and Other Publications

On October 5, 2021, the site Above the Law ran a story by Senior editor Kathryn Rubino about what she described as a vehemently racist law student who was given a prestigious clerkship by William H. Pryor Jr., chief judge of the United States Court of Appeals for the Eleventh Circuit. Above the Law has a long history of attacking conservatives, free speech advocates, and others deemed right of center. This story (which appeared earlier on sites like Mediaite) was perfect from that perspective and lit up the liberal media. That included a column by Washington Post’s Ruth Marcus asking “Why is a prominent federal judge hiring a law clerk who said she hates Black people?” The problem is that the Second Circuit found little evidence that it is true. The question is whether the accused student, Crystal Clanton, will now sue ATL, Mediaite, and other media outlets for defamation.

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Criminal law, Society, Torts

Royally Eschewed: Court Rejects Prince Andrew’s Motion to Dismiss Giuffre Lawsuit
Florida Southern District Court

Prince Andrew lost a major ruling in his litigation with Virginia Giuffre (née Roberts), who claims that the Duke of York sexually assaulted her as part of the sex trafficking crimes of the late Jeffrey Epstein. In his 46-page decision, Judge Lewis A Kaplan of the United States District Court for the Southern District of New York adopted an extremely narrow reading of the settlement and eschewed the defense arguments on threshold barriers to any lawsuit. Kaplan declared the “defendant’s motion to dismiss the complaint or for a more definite statement is denied in all respects.” Continue reading “Royally Eschewed: Court Rejects Prince Andrew’s Motion to Dismiss Giuffre Lawsuit” →

Bizarre, Politics, Torts

The “Old Gray Lady” Versus The Masked Singer: The Times Seeks To Use Palin Music Video in Libel Trial
YouTube

We previously discussed a major ruling restoring the defamation lawsuit of Sarah Palin against the New York Times over a false claim related to the shooting of former United States Rep. Gabrielle Giffords. Now, the New York Times is trying to introduce footage of Palin on “The Masked Singer.” The effort to introduce the video would seem to have no probative value and clearly is meant to ridicule Palin. Continue reading “The “Old Gray Lady” Versus The Masked Singer: The Times Seeks To Use Palin Music Video in Libel Trial” →

Lawyering, Torts

The “Royal We” Provision: Newly Released Settlement Favors Prince Andrew as One of Epstein’s “Other Defendants”

The civil litigation between Prince Andrew and Virginia Giuffre (née Roberts) just took a “Big Lebowski” turn.

In the movie, there is a scene “The Dude” is pressed on what happened to a million dollars in a suitcase. He insists “We dropped off the damn money…” When the Big Lebowski asks “We?,” the Dude responds “I! The Royal ‘we’!…”

It turns out that the settlement agreement between Giuffre and Epstein contains what Prince Andrew might claim is a “Royal We provision.” In exchange for half a million dollars, the settlement expressly bars Giuffre from suing not just Epstein but “other defendants.” Prince Andrew is arguing effectively that the plural reference includes him. Continue reading “The “Royal We” Provision: Newly Released Settlement Favors Prince Andrew as One of Epstein’s “Other Defendants”” →

Media, Politics, Torts

Ashley Biden’s Diary: Will The FBI Raid The New York Times?

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?” →

Criminal law, Torts

The Potter Verdict: Was The Jury Right But the Law Wrong on Culpable Negligence?

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?” →

Politics, Society, Torts

“Our Pride is Showing”: NBC Settles With Nicholas Sandmann

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” →

Bizarre, Criminal law, Torts

The Gun Did It? Baldwin Denies Pulling The Trigger in Fatal “Rust” Shooting

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” →

Criminal law, Torts

“I’m Glad this is on Video, I’m Very Glad:” Texas Shooting Raises Difficult Questions Under Texas Self-Defense Law

Chad Read’s widow files petition to take custody of his children from their mother, releases...

There is another tragic case out of Texas involving rivaling claims of self-defense and provocation. A confrontation between Chad Read, 54, and his ex-wife Christina Read over visitation with their son led to the intervention of William Kyle Carruth, who is reportedly in a romantic relationship with Christina Read. (He is the husband of Judge Anne-Marie Carruth, who is seeking a divorce).  In the disturbing videotapes below, Kyle Carruth retrieves a gun and the situation quickly escalates with him ultimately fatally shooting Chad Read. The case has obvious analogies to the Kyle Rittenhouse case where Kyle Carruth is arguing that he had a right to use deadly force after Chad Read tried to take his weapon.  The case could present some difficult questions under the state’s Stand Your Ground and Castle doctrine laws.

Continue reading ““I’m Glad this is on Video, I’m Very Glad:” Texas Shooting Raises Difficult Questions Under Texas Self-Defense Law” →

Academia, Torts

Yale Law Students Sue Over Alleged “Blackballing” For Supporting Law Professor

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.

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