A new lawsuit by the Chinese American Civil Rights Coalition has garnered national attention in the media where former President Donald Trump is being sued for his use of such terms as the “Chinese Virus,” “China Virus,” “Wuhan Flu,” and “Kung Flu.” What is most interesting about this lawsuit is how it is arguably meritless under both tort and constitutional law. However, there has been little pushback from a host of lawyers who have spent months calling for sanctions against Republican lawyers for filing lawsuits viewed legally or factually meritless. This lawsuit seems designed to amplify a public relations campaign without substantial legal support. The question is whether it states just enough to avoid sanctions and whether the Trump team wants to seek such sanctions under Rule 11. Trump is being sued in his official and personal capacities.
Continue reading “New Lawsuit Against Trump Could Backfire Over The Use of Labels Like “China Virus” and ‘Wuhan Flu””
We previously discussed the shooting of Andrew Brown, 42, one of a number of recent police shootings sparking protests. The body camera footage has now been released with a decision not to charge any officer. The finding of a justified shooting is based on facts that are sharply different from those reported at the time in media coverage. It appears that Brown did come into contact with officers with his car, though Brown appears to be trying to evade the officers who surrounded the car. The Brown family previously declared that the videotape showed that he did not drive toward the deputies which now does not appear to be the case.
Continue reading “Justified Shooting: North Carolina District Attorney Announces That No Charges Against Officers In Brown Case”
Below is my column in The Hill on the new lawsuit against Seattle for its allowing the establishment of an autonomous zone within the city called CHOP. According to the compliant, what Mayor Jenny Durkan called “a summer of love” proved instead to be a month of mayhem resulting in deaths, robberies and sexual assaults. Now the city may be relying an immunity defense despite leaders opposing such defenses for individual police officers.
Here is the column:
Continue reading “Chopped: Will Seattle Officials Now Claim Immunity From Lawsuits After Opposing Such Defenses For Police Officers?”
The conservative site College Fix has an account from a Cornell student that caught my eye today in light of the lawsuit yesterday against Twitter by Project Veritas for violating ill-defined “privacy rule.” Joseph Silverstein says that he was suspended after showing a widely available picture of Hunter Biden in his underwear — one of the pictures taken from his laptop. Twitter insists that the picture violates privacy rules despite being taken from an allegedly abandoned laptop, widely discussed in the public domain, and concerning a matter of public debate. It is also another example of Twitter’s strikingly conflicted censorship policies where images of Rudy Giuliani allegedly groping himself are permissible but a media confrontation in front of a home with a Facebook executive or a picture connected to the Biden laptop are not. Continue reading “Twitter Suspends Cornell Student For Showing Embarrassing Picture Of Hunter Biden”
I previously wrote about the defamation claims filed by former Rep. Katie Hill has lost a lawsuit against her husband and a variety of other people, including the Daily Mail for reporting on her sex scandal involving a former aide. I stated that the legal basis for the lawsuit against the media was highly dubious and that the underlying stories were protected under the First Amendment as matters of public interest. As expected, the case against the Daily Mail was thrown out by Los Angeles Judge Yolanda Orozco on First Amendment grounds.
Continue reading ““A Matter Of Public Concern”: Court Dismisses Lawsuit Of Former Rep. Katie Hill Against The Daily Mail”
We have been discussing a slew of defamation actions this year. Indeed, for a torts professor, this could prove the golden age of defamation. Recently, new such cases were filed against Fox News, CNN, and various public figures. Those cases join various cases against figures like Donald Trump, who recently lost a major ruling. It now seems likely that Florida Rep. Matt Gaetz will be sued in the ongoing scandal involving allegations of sex trafficking. Like many, I was surprised to watch Tucker Carlson’s interview with Gaetz on the first night of the scandal and hear Gaetz identify by name (and law firm) the lawyer who he claims was extorting him. That lawyer is former Justice Department lawyer David McGee, who presumably will be filing a libel action against the congressman. This could prove a “double tap” for Gaetz, 38, who could face a criminal charge and a civil lawsuit as a result of the scandal. Continue reading “Gaetz Could Be Washington’s Latest High-Profile Defamation Defendant”