The video of a student who was hit with a taser is another example of how this device is being widely misused by law enforcement and campus police. This student was clearly obnoxious and clueless in the length of his comments. He was also resisting. However, at no point did he warrant the use of the taser. For the video, click here The most disturbing fact is that this occurred in front of hundreds of witnesses. Most such abuses occur with only the officers and the victim as witnesses.
Category: Torts
An interesting product liability case may be brewing over widespread reports of people, particularly children, having their toes crushed or ripped off by escalators while wearing the popular soft crocs footwear. If these shoes cannot be worn on escalators safely, they may be deemed to have a design defect. However, courts usually do not find such defects for obvious risks. For example, what is the difference between a croc and a fip-flop when it comes to this particularly danger? The softness of the rubber may prove the key to any liability. For the story, click here
OJ Simposon is under investigation by Las Vegas police for a theft at the Palace Station casino. He is accused of stealing sports memorabilia had been stolen. However, Simpson appears to have told the dealer (after being contacted) that the memorabilia had been stolen from him. This a common scene as people try to take possession of property or chattel that they insist belongs to them. Continue reading “OJ Simpson Accused of Theft of Sports Memorabilia”
A man, trying to sneak into a concert, impaled his thigh on a 12-foot, wrought-iron fence. The fence has sharp-ended spikes that rise about 8 inches above a horizontal bar. Under common law, a landowner has no duty to trespassers. Continue reading “Man Impales Himself on Fence in Trespass Case”
An 81-year-old Milwaukee man has sued the Brut cologne company after the product allegedly ignited when he used a campfire. Continue reading “Wisconsin Man Sues Brut Cologne When It Ignites Near Campfire”
One of the privacy related torts is the misappropriation of a name or likeness of a celebrity. Perhaps the most interesting (and in my view wrongly decided case) was the successful challenge by Vanna White against Samsung: arguing that a robot turning cards was a misappropriation of her likeness for commercial purposes. Others like Johnny Carson sued over his trademark phrase, Here’s Johnny. Now Paris Hilton is suing over her likeness and trademark phrase (“I’t Hot”) due to a card put out by Hallmark. For the story, click here
The common law has long been harsh on those who practice a profession without a license. One rules imposed the professional standard of care in any injuries that result. Continue reading “Practicing Without a License: Two Arrested in California for Home Cosmetic Surgery Operations”
Cars for Kids, a charity, has been sued and may go insolvent after an accident at a parade. Continue reading “Parade Accident Leads to Tort Case”
As a follow up to the earlier entry, the leading manufacturer of microwave popcorn has announced that it will drop the critical ingredient linked to “popcorn lung.”
For the story, click here
Photographer Larry Birkhead has stated that he will sue Rita Crosby over her new book alleging that he was the homosexual lover of Howard K. Stern, Smith’s attorney and companion. Thee book, “Blond Ambition: The Untold Story Behind Anna Nicole Smith’s Death,” will now be the basis for a defamation lawsuit and Birkhead has warned that “If I were Rita Cosby, I’d be very concerned.” He’s right. Continue reading “Defamation: Birkhead To Sue Over Crosby’s Book on Anna Nicole Smith”
For many years, it has been suspected that workers at factories making microwave buttered popcorn have a higher risk of lung cancer. Called “popcorn lung,” this condition has now been found in at least one consumer. Denver doctors have notified the government that the case involves an individual who made the popcorn several times a day. While this is a lot of popcorn consumption, it is not a great deal of exposure when you consider most risks found in defective products. The suspected culprit is the diacetyl in butter flavorings, which is an approved flavor from the FDA. This is now shaping up into a classic products case and the industry will have to decide what steps to take after being notified of the potential dangers to consumers. For the full story, click here
It appears that Nepal Airline has been having technical problems. It is less clear whether part of its response would reassure passengers: sacrificing two goats to Akash Bhairab, the Hindu sky god.
For the full story, click here
A man seen in the Borat film has filed a complaint alleged unlawful use of his image as well as other torts. Click here for the court papers.
In Kentucky, a farmer is being sued for nuisance of his propane cannon — used to scare away birds from his corn. This is becoming more common as residential homes move into former farming areas. Continue reading “Sound Nuisance: Propane Cannon Leads to Tort Action”
In Sundbury, Pa, a court has ruled that a former owner can continue to demand that a show dog not be neutered and continued to be made available for breeding. At issue is a a 5-year-old French bulldog named Duffy. The breeder gave the dog to a third party with the understanding that Duffy would continue to supply services — valued at $73,000 over the last three years. The case has raised issues of animal health and continuing limitations on ownership. For the full story, click here