Category: Torts

Melania Trump Threatens Hunter Biden With $1 Billion Defamation Lawsuit

As I approached the start of my first-year torts classes at George Washington University, we have a rather intriguing tort action being threatened by the First Lady. Melania Trump has been pursuing media outlets claiming that she was introduced to or had close contact with the notorious Jeffrey Epstein. However, the latest recipient of a notice letter is none other than the son of the prior president, Hunter Biden. Continue reading “Melania Trump Threatens Hunter Biden With $1 Billion Defamation Lawsuit”

Walz Leads Effort to Block the “No Duty to Retreat” Rule in Acts of Self-Defense

Gov. Tim Walz has never appeared burdened by legal niceties or accuracy in pushing his agenda, including his anti-free speech policies. However, his recent effort to block an effort to enact a “no duty to retreat” rule for self-defense hit a new low. Walz completely misrepresented not only the underlying bill, HF 13, but ignored the common law on self-defense. Continue reading “Walz Leads Effort to Block the “No Duty to Retreat” Rule in Acts of Self-Defense”

The “Damages Collector”: MSNBC Settles Defamation Lawsuit with Doctor Labeled as the “Uterus Collector”

We have previously discussed the defamation case involving Georgia gynecologist Dr. Mahendra Amin who was allegedly defamed by MSNBC, including by host Rachel Maddow, as the “uterus collector.” Now, not long after a settlement of CNN of another defamation case, MSNBC appears to have forked over damages to Dr. Amin to avoid a trial.

Continue reading “The “Damages Collector”: MSNBC Settles Defamation Lawsuit with Doctor Labeled as the “Uterus Collector””

Jake Tapper and CNN Lose Major Motions in Defamation Case by Navy Veteran

We previously discussed the defamation lawsuit brought by Navy veteran Zachary Young against CNN and anchor Jake Tapper. Young has been doing well in court and last week he won on additional major issues against CNN. In a pair of orders, the jury will be allowed to award punitive damages and his experts would be allowed to be heard by the jury on the damages in the case. It also found that the Navy veteran was not a public figure and thus is not subject to the higher standard of proof associated with that status.

Continue reading “Jake Tapper and CNN Lose Major Motions in Defamation Case by Navy Veteran”

Pop Art: The Value of Hunter Biden’s Art Expected to Collapse With the End of his Father’s Influence

We have previously discussed the controversy surrounding Hunter Biden’s art sales. Many viewed the art as another avenue for political allies to funnel money to the Bidens. That was reinforced when it was discovered that the lucrative sales heralded by Hunter’s allies were found to have been largely the results of purchases by his “sugar bro” Kevin Morris. Now, experts say that whatever value is left in Hunter’s art will likely collapse with his father’s departure — the clearest indicator of the actual value of the art for “investors.” Hunter’s art appears to be moving from an impressionistic to a harsh realism period.

Continue reading “Pop Art: The Value of Hunter Biden’s Art Expected to Collapse With the End of his Father’s Influence”

German Interior Minister Outraged by Anti-Free Speech Meme . . . Reportedly Cracks Down on Free Speech

Now, Interior Minister Nancy Faeser wants the world to know that she is not, as widely claimed, anti-free speech … so she is allegedly cracking down on free speech until people change their minds. It appears that, while the liberal Scholz government may be near collapse, irony is still thriving in Germany. Continue reading “German Interior Minister Outraged by Anti-Free Speech Meme . . . Reportedly Cracks Down on Free Speech”

In Re Peanut: New York Family Moves to Sue State Over the Killing of Beloved Squirrel

Peanut the Squirrel is back . . . at least in court.

The rodent has achieved fame in the last couple of months, which few animals short of Rin Tin Tin have reached. He is certainly the most famous of his genus since Rocket “Rocky” J. Squirrel. After Mark Longo and Daniela Bittner posted cute pictures of Peanut on social media as their companion and friend, New York officials from the Department of Environmental Conservation (DEC) raided their home on Oct. 30 and seized both Peanut and a raccoon pet named Fred. They proceeded to euthanize both animals. Now the family is lawyering up. Continue reading “In Re Peanut: New York Family Moves to Sue State Over the Killing of Beloved Squirrel”

Report: The Officer Who Killed Ashli Babbitt Had a Long History of Disciplinary and Training Problems

I have previously written about the dubious investigations of the shooting of Ashli Babbitt on Jan. 6th and the alleged violation of the standards for the use of lethal force by the officer who shot her. I strongly disagreed with the findings of investigations by the Capitol Police and the Justice Department in clearing Captain Michael Byrd, who shot the unarmed protester. Now, Just the News has an alarming report of the record of Byrd that only magnifies these concerns. Continue reading “Report: The Officer Who Killed Ashli Babbitt Had a Long History of Disciplinary and Training Problems”

Professor Luna Teaches Animal Liability at George Washington Law School

This week, the students in my day (left) and evening (right) torts class received a lecture from the leading American expert on animal tort liability, Professor Luna.  Herr Professor taught subjects like animus revertendi with the insight and intensity expected from a world renown canine academic. Continue reading “Professor Luna Teaches Animal Liability at George Washington Law School”

“Something Wicked This Way Comes.”: Halloween is Starting With a Litigious Flare

“Something wicked this way comes.” Those words from William Shakespeare’s “Macbeth” capture the approach of Halloween.

Traced to the Celtic festival of Samhain to mark the end of the harvest, pagans would often summon the dead. Halloween today more often summons contingency lawyers by the gross. If there is a holy holiday for personal injury lawyers it is Halloween with its mix of slip-and-falls, food liability, and costume defects. Continue reading ““Something Wicked This Way Comes.”: Halloween is Starting With a Litigious Flare”

Over the Border: Gun and Torts Liability to Collide in Mexican Case Before the Supreme Court

This month, there is a new case on the docket after the Supreme Court granted certiorari in Smith & Wesson Brands v. Estados Unidos Mexicanos.  The First Circuit reversed a trial court that dismissed the case, alleging that the American firearms industry is legally responsible for violence in Mexico. I believe the First Circuit is dead wrong and will be reversed. However, as a torts professor, there is a question of whether the tort element of proximate cause could be materially changed in the case. Torts professors are already lining up to argue that there is a proximate cause under existing doctrines to hold the firearms industry liable. I respectfully disagree. Continue reading “Over the Border: Gun and Torts Liability to Collide in Mexican Case Before the Supreme Court”

Deadspin Loses Major Motion in Defamation Case Over Blackface Column

We previously discussed the defamation lawsuit against Deadspin and writer Carron Phillips over an article claiming that nine-year-old Holden Armenta appeared at a Chiefs game in 2023 in black face. I noted in a prior column that I believed that the court would view this as a matter that had to go to a jury. It now has. Superior Court Judge Sean Lugg this week rejected Deadspin’s motion to dismiss.

Continue reading “Deadspin Loses Major Motion in Defamation Case Over Blackface Column”

Court Refuses to Throw Out the Defamation Lawsuit Against MSNBC Legal Analyst Andrew Weissmann

Andrew Weissman.

We previously discussed the defamation case against NYU Law Professor and MSNBC legal analyst Andrew Weissmann. He is being sued by lawyer Stefan Passantino after Weissmann said that he coached former Trump White House aide Cassidy Hutchinson to “lie” to Congress. At the time, I wrote that “it is hard to see how Weissmann can avoid a trial.” U.S. District Judge Loren AliKhan apparently agrees. She just rejected Weissmann’s motion to dismiss the case. Continue reading “Court Refuses to Throw Out the Defamation Lawsuit Against MSNBC Legal Analyst Andrew Weissmann”

California Sued Over New “Deepfake” Law

California has triggered the first lawsuit over its controversial new laws that require social media companies to censor fake images created by artificial intelligence, known as deepfakes as well as barring the posting of images. A video creator is suing the State of California after his use of a parody of Vice President Kamala Harris was banned. The law raises serious and novel constitutional questions under the First Amendment. Continue reading “California Sued Over New “Deepfake” Law”