Category: Torts

Cover-Up or Frame-Up? How the Democratic Epstein Releases are a Classic Example of False Light

Many years ago, as a law student, I had the honor of working with the great prosecutor William J. Kunkle Jr., who put away John Wayne Gacy. I was a young intern at the litigation firm of Phelan, Pope & John and loved listening to Bill’s stories about his famous cases. I even had to take a couple of calls from Gacy from prison when Bill was out. (I was asked to write down everything that he would say in the routine calls. On one call, Gacy told me, “Tell Bill he was wrong. I was not guilty of homicide. I was guilty of running an indoor funeral parlor without a license.”). One story of Bill’s came to mind last night when Democrats released their latest tranche of “bombshell” photos from the Epstein files to suggest that Trump is implicated in the scandal. Continue reading “Cover-Up or Frame-Up? How the Democratic Epstein Releases are a Classic Example of False Light”

Border Tsar Homan Announces Investigation into Rep. Omar: A Case for Fraud or Defamation?

This week, the lingering allegations over the marital history of Rep. Ilhan Omar (D., Minn.) took an ominous step when Border Tsar Tom Homan publicly acknowledged that the government is looking into the matter. Rep. Omar has long denied that she married her brother to gain his entry into the United States, but the allegation has continued to rage on the Internet and among her critics. The question is whether this is a substantive case of fraud or defamation. Continue reading “Border Tsar Homan Announces Investigation into Rep. Omar: A Case for Fraud or Defamation?”

The Death of Michael Virgil: Royal Caribbean Faces Major Torts Case Over the Death of a Passenger

Michael Virgil kicks cruise ship door.

Last night, I gave my final in both of my torts classes at George Washington University. I teach dram shop litigation and a new case involving Royal Caribbean could well be part of next year’s lecture. The company is being sued by the family of a 35-year-old man who died aboard a Royal Caribbean cruise after allegedly being served 33 alcoholic drinks and then restrained (and drugged) when he allegedly became violent. Notably, the medical examiner ruled his death a homicide. The family has filed a civil complaint in the U.S. District Court for the Southern District of Florida. Continue reading “The Death of Michael Virgil: Royal Caribbean Faces Major Torts Case Over the Death of a Passenger”

ChatGPT Accused of Encouraging Alleged Serial Stalker in Latest OpenAI Controversy

Dead Cows Don’t Fart? Countries Raise Concerns Over Methane-Reducing Additive for Cows

Scandinavian countries are moving to suspend the mandated use of Bovaer, a methane-reducing additive designed to reduce bovine flatulence. A contributor to methane pollution, cow farts were supposed to be reduced by the additive to reduce climate-harming pollutant. However, there are widespread reports of collapse, lethargy, reduced feed intake, fever, diarrhea, and significant drops in milk production. There are also reports of cow miscarriages and deaths, though most involve discomfort and farmers reported that the cows improved after cessation of the supplement. What could follow is a colossal product liability lawsuit.

Continue reading “Dead Cows Don’t Fart? Countries Raise Concerns Over Methane-Reducing Additive for Cows”

“What has Become of Us”: Rosie O’Donnell May Have Just Handed Trump a Golden Defamation Lawsuit

I have previously expressed skepticism over some defamation cases against the media brought by President Donald Trump under existing case law. However, comedian Rosie O’Donnell may have supplied the President with a another defamation case if she cannot back up sensational claims made against the President to her 2.9 million TikTok followers. She states as a fact that the President is an “adjudicated rapist” and settled child abuse cases.

Continue reading ““What has Become of Us”: Rosie O’Donnell May Have Just Handed Trump a Golden Defamation Lawsuit”

“You Can’t Handle the Truth”: UK Health Watchdog Reportedly Refuses to Release Data on Vaccine Deaths

The United Kingdom’s public health service is reportedly refusing to release data on the potential relationship between the COVID vaccine and excess deaths. The reason? It would upset people to know the truth. The question is whether British citizens have become so passive and yielding that they will support their government, keeping them from learning the facts about vaccines and allowing them to reach their own conclusions.

Continue reading ““You Can’t Handle the Truth”: UK Health Watchdog Reportedly Refuses to Release Data on Vaccine Deaths”

The Canine Menace: Dog Shoots Man in Pennsylvania

Next time your dog begs for a treat, you might want to give it to him. In Pennsylvania, a dog reportedly wounded his owner with a shotgun left on the bed, while in North Carolina, a dog was caught on camera setting a house (of the assistant fire chief no less) on fire with a damaged lithium battery. Since I just finished teaching my torts students about animal liability, these cases offer a teachable moment for humans and canines alike.

Continue reading “The Canine Menace: Dog Shoots Man in Pennsylvania”

Trump Announces Defamation Lawsuit Against BBC

President Donald Trump on Friday announced that he plans to file a defamation lawsuit against the BBC for up to $5 billion over a misleading edit of his January 6, 2021, speech for the investigative documentary series Panorama. While the BBC has apologized, pulled the program, and announced the resignation of two top executives, President Trump is demanding compensation. The lawsuit, however, would be challenging if filed in the United States. (For full disclosure, I previously served as legal analyst for the BBC). Continue reading “Trump Announces Defamation Lawsuit Against BBC”

Housecleaner Shot and Killed in Indiana After Trying to Enter Wrong House

We have another Castle Doctrine or Stand Your Ground controversy this week. In Whitestown, Indiana, Maria Florinda Rios Perez, 32, died in her husband’s arms after the couple went to the wrong address to clean a house. The unidentified homeowner reportedly shot through the door. A GoFundMe site has been set up for her family. She was the mother of four.

Continue reading “Housecleaner Shot and Killed in Indiana After Trying to Enter Wrong House”

Yes, New Jersey Democrat Mikie Sherrill Can Be Sued for Defamation Over Campaign Attack

As someone who has taught torts (including defamation) for three decades, I pay close attention to defamation claims coming out of campaigns. I often question the viability of such claims given the higher burden for public officials and public figures under controlling defamation cases. However, a claim during the New Jersey gubernatorial debate between Democratic Rep. Mikie Sherrill (D-NJ) and Republican Jack Ciattarelli, may have triggered a viable torts case. It occurred when Sherrill accused Ciattarelli of “killing thousands.”

Continue reading “Yes, New Jersey Democrat Mikie Sherrill Can Be Sued for Defamation Over Campaign Attack”

Virginia Attorney General Candidate Jay Jones Accused of Additional Violent Rhetoric

.(Jay Jones/YouTube)

Jay Jones, Virginia’s Democratic attorney general candidate, is under fire for shocking statements that expressed a desire to kill political opponents and their young “fascist” children. Despite the violent rhetoric, Democrats like Abigail Spanberger, the Democratic gubernatorial nominee in Virginia, have stood by Jones and continue to campaign for his election. Now, however, Jones is accused of making disturbing comments about the benefit of killing a few cops as a warning to others. It is unclear whether the alleged comments were made in writing (as were earlier comments), and Jones has denied them.

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AI and the New Frontier of Torts: ChatGPT Faces Claims of Suicide, Defamation, and Even Murder

Below is my column in The Hill on the spate of lawsuits against OpenAI over injuries associated with ChatGPT. These lawsuits could offer a long-needed review of OpenAI and its corporate practices. What is most needed is congressional action to examine not only the dominance of these AI systems but also the conduct of corporations like OpenAI.

Here is the column:

Continue reading “AI and the New Frontier of Torts: ChatGPT Faces Claims of Suicide, Defamation, and Even Murder”

Res ipsa loquitur – The thing itself speaks