A ruling by Division Three of the Washington State Court of Appeals might be worth reviewing for those not only in the state but elsewhere as the opinion demonstrates an interpretation of the federal Truth in Lending Act governing credit card liability of consumers. It could also affect at least in Washington whether to charge a defendant with a financial crime or the possession of stolen property due to a Federal Reserve Board opinion that could affect charging elements resulting from the theft of a CardLock access device.
In Connell Oil, Inc. v. McConnell-Johnson, Appellants “The Marital Community of Erik and Jackie McConnell Johnson” appealed a trial court ruling favorable to plaintiff Washington Corporation “Connell Oil, Inc.” after the oil company demanded damages and attorney fees amounting to $34,649.68 resulting from the fraudulent use of the Johnson’s petroleum CardLock access card after the device was stolen from one of Mr. Johnson’s farm vehicles. Defendants claimed that they were not fully liable for the unauthorized charges under the federal Truth in Lending Act which ordinarily protects consumers from fraudulent credit card charges.
The Court “conclude[d] the trial court did not err when it ruled that the stolen cardlock was not a credit card for purposes of TILA and entered judgment in favor of Connell Oil.” Connell Oil received an award of attorney and legal fees as it was the prevailing party.
We previously discussed the torts case involving the Kansas City Royals mascot Slugerrr, who blew out a fan’s eye with a foil-covered hotdog launched with an air cannon. Now the Phillies’ could be facing a similar lawsuit after Kathy McVay was hit by a duct taped hotdog launched by the Phillies mascot Phanatic.
There is an interesting case out of the United States Court of Appeals for the Fifth Circuit in Allen v. Walmart, 2018 WL 4998231 (5th Cir. Oct 16. 2018. Judge Edith Brown Clement ruled for Walmart in a novel claim that the chain should not have sold Karalee Alaine Williams a dust remover. Williams was found dead in the parking lot after inhaling the product. It reads like a dram shop claim for dust removers. Notably, Williams kept returning in worse and worse shape, including her final visit naked from the waist down — but was still sold additional dust remover. Her mother brought an array of claims, including negligence, negligence per se for violating Texas Health & Safety Code Chapter 485, negligent entrustment pursuant to Restatement (Second) of Torts § 390 and breached a duty to Williams under a theory of premises liability. She also alleged that Wal-Mart owed Williams a duty in the products liability context, invoking Texas Civil Practice & Remedies Code § 82.003(6) (2009).
The unfolding drama over the allegations of Christine Blasey Ford just got even more bizarre as Ed Whelan, president of the conservative Ethics and Public Center (EPPC) released the picture of a remarkably similar looking teenager who could have been the culprit in the alleged attempted rape. While Ford insists that she could not be mistaken, the release of the photo adds a new element to the hearing . . . and could raise some interesting legal issues after suggesting Chris Garrett (right) could be responsible for the attack. The problem is that there is not a single scintilla of evidence that has been offered to link Garrett to the alleged assault. He has simply been drop into these boiling cauldron and the only explanation is his similar looks and home in the area (which is hardly surprising for schoolmates who attended the same school).
In Sandston, Virginia, Bryan Tucker is not known as kid friendly. Tucker was upset that kids would stray into his yard while waiting for the bus. His solution? He installed an electric fence and started shocking kids.
Former Alabama Chief Justice Roy Moore has long been an perpetual litigation machine. Indeed, Moore and his wife appear to have created a cottage industry out of being themselves — getting people to give them huge amounts of money to fight their enemies. I have been skeptical of these past lawsuits — as well as Moore’s often bizarre conduct. Now, after the prior lawsuit amounted to nothing, Moore is launching yet another lawsuit. The latest claim is based on Moore’s sitdown with comedian Sacha Baron Cohen for his Showtime series “Who is America?” Essentially, Moore is complaining that he made of fool of himself because Cohen tricked him. Moore has demanded $95 million in punitive and compensatory damages. Despite my long admitted aversion to Moore, the complaint does raise some interesting, and unresolved, legal issues. It also presents some risks for Moore himself. Continue reading “Moore Sues Showtime and Sacha Baron Cohen For Embarrassing Interview”→
Elon Musk appears to be withdrawing his earlier apology and doubling down on his bizarre personal attack on Vernon Unsworth, who helped rescue the young soccer players and their coach from the Tham Luang cave complex in northern Thailand. Musk suggested Unsworth was a pedophile after Unsworth criticized Musk’s rescue submarine. Now Musk is asking why Unsworth did not sue him and why reporters never investigated the allegation — a suggestion that “truth is a defense” defamation. Update: Unsworth counsel has now confirmed that a lawsuit is being prepared.
The well-known Catholic prayer states “By this holy water and by Your Precious Blood, wash away all my sins, O Lord.” It appears however that the next question for the faithful at Notre Dame may be “what washes away the holy water?” A significant number of churchgoers in Paris are complaining about failing ill after using the holy water at Notre Dame. It is not a unique problem according to some studies.
Florida gas station store owner Mehedeun Hasan, 22, is facing a charge of attempted murder after shooting Rennie Defor, Jr. as he was trying to steal beer worth $36. It is another example of the common law rule that you cannot protect property with potentially lethal force.
In what may be the clearest example of assumption of risk in torts, a 37-year-old Menasha, Wisconsin woman rode around flashing barriers on a bridge to try to make it across before it was open for river traffic. She did not make it.
The death of UCLA Professor Doran George, 48, has shaken the university after he was found dead during a bondage session at the home of a Hollywood executive Skip Chasey. Chasey is known as Master Skip in the BDSM (Bondage, Discipline, Dominance and Submission) community. George, who insisted on being called by the pronoun “their” rather than “he” or “she”, was found wrapped “head to toe in plastic wrap and gaffer’s tape, with small breathing holes at the nose and mouth.” George died in something called the “mummification” sex play.