Category: Torts

The ICE Man Cometh: ICE Sends Notice to Wrong Home, Then Arrests Him for Failiure to Respond, and Holds Him Until He Dies From Untreated Cancer

Immigration and Customs Enforcement (ICE) has come under increasing attack for the brutish approach that it has taken to deportation cases, often refusing medical care and coercing people to waive their rights. In the case of Chinese computer engineer Hiu Lui Ng, the abuses may have killed him.
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Bathing It Your Way: Employee in Hot Water After Posting Video Bathing in Kitchen Sink of Ohio Burger King

If you ever needed another reason not to eat at a fast food restaurant, you may want to see this video of an employee calling himself Mr. Unstable bathing in the kitchen sink of the Burger King in Xenia, Ohio.
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Massive STD Award in Muscatine

Mark Twain once said that that “I remember Muscatine for its sunsets” which he insisted was unparalleled in the world. Now, the town may be better known in legal circles for a difference kind of distinction. In what may be a record for an STD case, a jury in Muscatine, Iowa, awarded Karly Rossiter $1.5 million after Alan Evans gave her genital warts. She claimed that Evans assured her that he was free of sexually transmitted diseases.
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In Wake of Ivins Suicide, Government Faces Tens of Millions of Dollars in Negligence Lawsuits

Everyone (outside of the Administration) seems in agreement about one thing: the FBI did an appalling job in investigating the anthrax attack. Not only did they intentionally persecute and accuse the wrong man, they ignored what now appears an obvious suspect. The government has already paid millions in damages and tens of millions in wasted resources from the pursuit of Steven Hatfill. Now the question is whether it will pay millions more for its failure to properly hire and monitor employees. Bruce Ivins fits perfectly into a negligence case alleging failure to properly hire and monitor employees. One such case is already pending.

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Tempting McFate: NRA Accused of Planting Paid Mole in Gun Control Organizations

A seemingly garden-variety contract case is yielding some interesting discovery. May Lou McFate is a gun-control activist who has been a major figure on various gun-control organizations and boards. She is now accused being a paid spy for the National Rifle Association after an investigation by Mother Jones magazine.
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Civil and Criminal Charges Brought in Teamster Summer Camp Controversy

In the aftermath of the e-coli outbreak at the Boy Scout Reservation at Goshen, Virginia, here, another summer camp is the subject of a court filing by families. Families of more than 100 children have joined a class-action lawsuit involving the Teamsters Union. Cameras were planted at the camp run by the Fraternal Order of Police in what police believe was part of a fight over who would represent the police officers: the Fraternal Order of Police (FOP) or the teamsters. [Disclosure: I have previously represented officers and members of the FOP]. Prosecutors have charged former Metro police lieutenant Calvin Hullett and teamster representative with federal charges of conspiracy, embezzlement and unlawful interstate commerce after accusations of bribery and misusing money.

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New Mexico Sperm Donor Found Liable for Child Support

In the latest decision involving the liability of sperm donors, the New Mexico Court of Appeals says some sperm donors must pay child support. The case involves Kevin Zoernig who agreed to donate sperm for two children with Janna Mintz. Mintz is a lesbian who wanted a child with her partner in the mid 90s. It is one of a recent series of such decisions exploring the liability of both anonymous and non-anonymous sperm donors.

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Latest Tampering Fatality: Dead on Skunk Hollow Road

In Onway, Arkansas, Lonnie Montgomery created a tragic example of assumption of the risk in tort. Montgomery was found dead on Skunk Hollow Road after he tried to re-establish electrical service with a pair of jumper cables. It appears to be an urban legend gone bad that all you need is a pair of jumper cables and a meter box. Sheriff’s Major Andy Shock (I kid you not) says Montgomery was attempting to adjust or remove when he was shocked to death.

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Pool Company President Criminally Charged in Death of Six-Year-Old Boy From Drain Accident

There is an interesting criminal case in Connecticut that falls on the borderline between criminal law and torts. The president of a residential pool company was criminally charged with manslaughter for the death of six-year-old Zachary Cohn, who drowned after having his arm caught in a pool drain. Prosecutors allege that David Lionetti, president of Shoreline Pools, knew of the problem with the drain. This is only the latest tragic death involving such drains in pools, click here.

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Not-So-Noble Savage: Court Dismisses Michael Savage’s Lawsuit Against Islamic Group

In an earlier blog, we discussed a clearly meritless lawsuit by rabid radio take show host Michael Savage, here. A federal judge in San Francisco dismissed the conservative commentator’s lawsuit against Council on American-Islamic Relations, or CAIR, for copyright infringement.

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National Enquirer Reporters File Criminal Complaint in Edwards Controversy

National Enquirer reporters Alan Butterfield and Alexander Hitchen have filed a criminal complaint with the Beverly Hills Police Department against the security staff of the Beverly Hilton Hotel. The paper is also not backing off from its story — virtually daring Edwards to file a defamation lawsuit.

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Rudy’s Son Demands a Mulligan: Andrew Giuliani Sues For Wrongful Dismissal From Duke Team

Andrew Giuliani, son of Rudy Giuliani, has gone to court to fight for his right to golf on teh Duke University team. He was recently thrown off the team with little notice or explanation by its coach, O.D. Vincent. The filing is based on a loose theory of contract, even though decisions of eligibility are generally viewed as matter of discretion for university staff.

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Something Borrowed, Someone Sued: One Bride Wins $150,000 After Being Jilted While Another is Sued for Being Too “Ugly”

RoseMary Shell was not willing to become just another jilted bride. When Wayne Gibbs refused to be her husband, a personal injury lawyer was willing to say “I do.” Now a Georgia jury has awarded Shell $150,000 for the breaking of a marital contract by her former fiance. In the meantime, a Hindu family in Massachusetts is suing for a contractual breach in an arranged marriage when the girl proved unattractive.
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