The United States Court of Appeals for the District of Columbia blocked the $5000 a day fines imposed on former USA Today reporter Toni Locy by Judge Reggie Walton for refusing to reveal her sources in stories about the criminal investigation of the 2001 anthrax attacks. The lawsuit was brought by Steven Hatfill, a scientist ruined by intentional leaks by government officials. Continue reading “Court Stays Running Fines Against Locy in Anthrax Litigation”
Category: Torts
School officials in New York has an interesting way of coaxing kids to sleep — you handcuff them and tell them that they will never see their parents again. That is the alleged misconduct in a lawsuit brought by parents in the Bronx on behalf of two 4 year old students. Continue reading “Cuffed and Cozy: New York School Sued for Handcuffing and Threatening Four-Year-Olds for Not Napping”
Former Superior Court Judge Michael T. Joyce is seeking a venue change from Erie to Pittsburgh, Pa., for his criminal trial on insurance fraud charges — the first such trial of a former judge in 14 years. Once an appellate judge Joyce’s recreational activities — and abilities — will be at the heart of the case. Continue reading “Pennsylvania Judge to Stand Trial for Criminal Fraud — After Claiming “Excruciating” Injuries in 5 MPH Crash”
Pensacola News Journal faces possible insolvency if the Florida Supreme Court upholds an $18 million judgment against it for publishing true facts in a false light case. At issue is the inclusion of true facts about how Joe Anderson, the owner of one of the state’s largest paving companies, killed his wife. The inclusion of those facts in a series on the paving company was viewed as actionable false light — an allegation that a Florida jury accepted. Continue reading “Newspaper Appeals $18 Million for Publishing True Story in False Light Case”
Arkansas Robert Steinbuch won an appeal to the Eighth Circuit in his case against former Senate aide to Mike DeWine, Jessica Cutler — the so-called Washingtonienne. Steinbuch sued after he was identified by initials by Cutler in her account of sexual affairs in Washington. It is a case of some significance for bloggers and those who keep online diaries that could be challenged as defamatory or violations of privacy. Continue reading “Grapes of Wrath: Law Professor Steinbuch Wins Appeal Over Book Detailing Alleged Affair with the “Washingtonienne””
In what could be an important first amendment case, a Nebraska police officer, Robert E. Henderson, is fighting to keep his job after being fired for his associations with a group affiliated with the Ku Klux Klan. It is only the latest such action taken against officers over their private lives or views. Continue reading “Nebraska Police Officer Fired Over Assocation With KKK-Linked Group”
Here is one for the category of strict liability for wild animals and the assumption of risk defense. This video shows what happens when you use animals are props for ratings. Continue reading “Small Creature Attacks Large Newscaster”
In a decision that could easily find its way into torts textbooks on foreseeable misuse, a Virginia court has upheld a $2 million judgment against lawn mower manufacturer, MTD in the death of 4-year-old Justin Simmons, who was run over by a machine. Continue reading “Foreseeable Misuse: Court Upholds $2 Million Judgment Against Lawn Mower Company”
In common law torts, liability is often cut off by unforeseeable changes or superseding intervening forces. Michael Downing of South Carolina demonstrated this legal principle in a tragic way. Burned on the grill, he stabbed himself in the chest when he jumped back from the accident. Continue reading “Proximate Cause Meets Murphy’s Law: Man Fatally Stabs Himself Fleeing Grill Accident”
For years, there has been pressure on airports to deal with wind sheer dangers. There have been tort actions for actions raising wind sheer and an avoidable cause. This video of a Lufthansa jet would indicate that it remains a serious problem, even at one of the world’s most advanced airports like Hamburg. Continue reading “Video: German Plane Almost Crashes on Landing”
The American Field Service (AFS) is facing a possible lawsuit in a shocking case of alleged abuse and negligence. Maine teenager
Jonathan McCullum lost 60 pounds while placed with a family in Egypt. When he returned he was so weak that he had difficulty carrying his luggage and had to be hospitalized . AFS has refused to comment and referred inquiries to a lawyer who has also refused to comment. This could present some novel tort issues, but it appears that AFS has much to answer for. Continue reading “Food Not Included: AFS Exchange Student Starved in Eygpt and Hospitalized Upon His Return”
Detroit Mayor Kwame Kilpatrick has been trying hard — and spending millions in public funds — to bury a scandal related to his affair with a former aide. The most recent defeat for Kilpatrick came yesterday when the Supreme Court ruled that documents from a civil case could be made public — adding more evidence of Kilpatrick’s cover-up of an affair with his chief of staff Christine Beatty. Continue reading “Michigan Supreme Court Unanimously Rejects Appeals of Detriot Mayor Kwame Kilpatrick”
Jerry Seinfeld has asked a judge to dismiss a lawsuit filed by Missy Chase Lapine over comments made about her on national television. Seinfeld insists that he was just joking, but the laugh could be on him under the standard for such pre-trial dismissal. Continue reading “Just Kidding: Seinfeld Moves to Dismiss Lawsuit”
Arizona Bus driver Kim Sullivan has been charged with aggravated assault and disorderly conduct after the video below was shown to authorities. On the video, Sullivan is shown in a full hair-pulling wrestling match with a student. Three students were also charged. It seems likely that civil litigation will likely result from the controversy. Continue reading “Video: Criminal Charges Filed After School Bus Video Shows Fight Between Bus Driver and Students”
An Austrian lawyer, Markus Groh, 49, was killed near the Bahamas after being attacked by a shark. The tourist boat, Shear Water, of Riviera Beach-based Scuba Adventures, routinely chums the water with fish blood and parts to attract sharks — then invites tourists to dive among them. It raises some interesting torts questions. Continue reading “Chumming for Torts: Tourist Killed by Sharks After Company Chums Water with Fish Parts”