U.S. District Judge Richard Bennett has reduced by over half the damages awarded against a fundamentalist Kansas Church, which protests funerals of fallen soldiers from Iraq in a bizarre anti-homosexual crusade. The Westboro Baptist Church will now have to pay Albert Snyder, the fatehr of a dead Marine, $5 million rather than $10.9 million. Continue reading “Court Reduces Punitive Damages Against Radical Anti-Homosexual Church”
Category: Torts
The Second Circuit has rejected the appeal of homeowners contesting the right of New York to taken their homes under eminent domain authority to give to private developers. It is a repeat of the controversial use of eminent domain in Connecticut in the Kelo case — where the Supreme Court narrowly uphold the use of the power and rejected constitutional challenges. For those of us who believe that Kelo was wrongly decided, this case could test the matter before a newly reconstituted court. Continue reading “Kelo Redux: Second Circuit Upholds Use of Eminent Domain to Seize New York Homes for Private Development”
New Jersey Supreme Court Justice Roberto Rivera-Soto is being sued by a former high school football player who alleged that the jurist used his power and prestige to harass him after he gave Rivera-Soto’s son a bloody lip in a practice. Rivera-Soto has already been reprimanded by his Court and he is even accused of making fun of a Ben Franklin re-enactor! He is just the latest state judge to face criminal and civil charges this year. Continue reading “New Jersey Supreme Court Justice Sued for Harassing Son’s High School Football Rival”
In the civilian system, a case of misdiagnosis is a simple material of medical malpractice for which the victim or his victim can recover. In the military, it is even simpler: it is malpractice for which there is no legal recourse. That is the sad lesson being learned by the family of Carmelo Rodriguez, a Marine and combat veteran who died of untreated cancer that could have been treated by relatively modest medical interventions. It is the result of the infamous Feres Doctrine, which continues to do untold harm to thousands of sailors and soldiers. Continue reading “The Legacy of Feres: Marine Dies in Latest Act of Military Malpractice”
In what could make for a fascinating torts case, an airplane full of passengers witnesses a co-pilot losing his mind in the cockpit and then having to be forcibly restrained by the other crew members as he demanded to speak to God. The Air Canada co-pilot was handcuffed to a seat for the rest of the flight. Ironically, air carriers have refused to show Snakes on a Plane as too scary for passengers. Continue reading “This is Your Pilot: I Need to Speak to God”
Nurse Lee Cruceta in Philadelphia has admitted to cutting out body parts from corpses to sell on the illegal body part market — a crime that included harvesting material from the corpse of “Masterpiece Theatre” host Alistair Cooke, who died in 2004. The guilty plea includes a glimpse into the lucrative market for body looting. Continue reading “Nurse Admits to Body Looting From Corpses”
There is a fascinating legal fight brewing in New York between sandwich chains Subway and Quiznos. At issue is the liability for companies using popular taste tests in commercials and the provocative question of whether it is possible to slander a sandwich. Continue reading “Subway v. Quiznos: Can a Sandwich Be Slandered?”
Maryland Delegate Nicholaus Kipke and Sen. Bryan Simonaire are pushing for passage of the Fallen Soldier Privacy Act of 2008 to criminalize the the commercial use of a deceased soldier’s name or image. It is a controversy triggered by tee-shirts produced by anti-war activist Dan R. Frazier of Flagstaff, Ariz., whose online business Carryabigsticker.com sells anti-war shirts and other items that use soldiers’ names. The law is, in my view, unconstitutional and could lead to an interesting court fight if Congress follows suit with its own legislation. Continue reading “Maryland Considering Criminalizing Use of Soldiers Names and Images in Protest Tee-Shirts or Material for Sale”
The police are seeking an imposter who pretended that he was the father of the dead actor Heath Ledger to secure hotel rooms, convince Tom Cruise to console him, and almost convince John Travolta to buy him free tickets to the United States. It is conduct that fits both criminal and tort theories of culpability. Continue reading “Police Seek Arrest of Imposter of Heath Ledger’s Father”
When two emotionally disturbed teenagers at the the Judge Rotenberg Education Center in Boston were given extreme shock treatments after a prank call, seven staff members were fired. It now appears that that was too small of a purge. This week, it was revealed at officials at the Center ordered the destruction of the videotapes of the two boys being abused — despite direct demands that they preserve the tapes. The Center’s defense is virtually identical to that of the Bush Administration in destroying the CIA torture tapes: it was necessary to avoid the inadvertent release of the image to the public and the harm such release would produce. In doing so, the Center may have committed crimes by destroying evidence of its own potential guilt. Continue reading “School Destroys Tapes of Harmful Shock Treatments Given to Two Students in Hoax Case”
Today, Dr. Phil (as expected) redefined his role in the Britany Spears controversy, insisting that he visited the pop star as a pop friend, not a pop psychologist. It is a critical distinction that could determine whether Dr. Phil McGraw is charged with a felony. Continue reading “The Dr. Phil Defense: If It Was Friendly, It Was Not Felonious”
Texas Mayor Grace Saenz-Lopez and her twin sister have been indicted in bizarre alleged crimes. At the center of the legal storm is a Shih Tzu named Puddles — a canine vixen who places humans under an apparent Voldemort-like trance. Continue reading “The Shih Tzu Hits the Fan: Indictments Issue for Texas Mayor Over Theft and Alleged Cover-Up Alleged Over Dog Named Puddles”
Low tar will finally go to the high court. The Supreme Court has added a case, Altria Group Inc. v. Good, that will finally result in a review of the recent cases brought around the country against low tar cigarette companies. It represents one of the most significant areas of liability for the tobacco industry after weathering the multistate settlement and various class action lawsuits seeking hundreds of billions of dollars. Continue reading “Low Tar Goes to High Court”
It appears that the tiger attack in the San Francisco Zoo may boil down to a case over plaintiffs’ conduct. New reports indicate that the two brothers mauled in the attack may have taunted the tiger, stood on the railings, and at least one may have been drunk at the time of the attack. Continue reading “San Francisco Zoo Tiger Attack Case May Come Down to Plaintiffs’ Conduct Questions”
In the latest Taser-related death, Mark C. Backlund died after officers hit him with a Taser for being “uncooperative” after a traffic accident in Minnesota. The death comes after a study showing the increased use and lethality of Tasers across the country. Continue reading “Man Tasered to Death After Traffic Accident Bender as Report Shows Fatalities Rising From Tasers Across the Country”