Category: Torts

IRS Whistleblowers Sue Hunter Biden’s Lawyer Abbe Lowell for Defamation

Last January, I received a letter threatening me with a defamation lawsuit if I continued my criticism of Hunter Biden, including allegations of criminal conduct. It all seemed part of a “Legion of Doom” defense hatched by Biden supporters reportedly to target critics and even potential witnesses. I proceeded to write three more columns repeating the claims, but did not hear again from the Biden team. Now, it is the Biden defense that is being targeted with defamation lawsuits. IRS investigators Gary Shapley and Joe Ziegler are suing attorney Abbe Lowell over public allegations of criminal conduct on their part. Continue reading “IRS Whistleblowers Sue Hunter Biden’s Lawyer Abbe Lowell for Defamation”

Palin Wins Appeal on Defamation Case Against New York Times

Over the years, I have written repeatedly (here, here, here, here, and here) about the interesting defamation case brought by Sarah Palin, the former Alaska governor and 2008 Republican vice presidential nominee, against the New York Times. The judge in the case U.S. District Judge Jed Rakoff was previously reversed and proceeded to issue novel and deeply flawed rulings before dismissing her case.  He has now been reversed again and Palin will have a new opportunity to sue the newspaper. Given Judge Rakoff’s dismal record in this case, it is concerning that he will be allowed to preside in any new trial.

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CNN Loses Another Motion in Defamation Case as Court Orders Tapper to Appear

We previously discussed the defamation lawsuit against CNN and the curious effort to use Taliban law to dismiss the lawsuit by Navy veteran Zachary Young. The litigation has not been going well for the network and it just lost another key motion to block an effort to depose Jake Tapper. Worse yet, the court appears to have questioned the veracity of the host in a sworn deposition on his lack of knowledge over the financial subject matter of the deposition. Continue reading “CNN Loses Another Motion in Defamation Case as Court Orders Tapper to Appear”

“Illegal Under Taliban Law”: CNN Seeks Summary Judgment Under a Curious Claim in Defamation Case

No Bones About It: Ohio Supreme Court Rules Boneless Chicken Need Not Be Boneless

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As Foghorn Leghorn warned “This is going to cause more confusion than a mouse in a burlesque show.”

The Ohio Supreme Court just ruled that selling a boneless chicken dish does not mean that it is boneless because it is referring to a “cooking style not a guarantee.” Continue reading “No Bones About It: Ohio Supreme Court Rules Boneless Chicken Need Not Be Boneless”

NBC Loses Major Motion in Defamation Trial by Doctor Called the “Uterus Collector”

NBCUniversal lost a major motion in the defamation lawsuit brought by Plaintiff Dr. Mahendra Amin, an obstetrician gynecologist who was accused by  MSNBC hosts, including Rachel Maddow and Nicolle Wallace, of performing unnecessary hysterectomies at an Immigration and Customs Enforcement (ICE) center. The case will now go forward to trial on the claim that Maddow and Wallace made “verifiably false” statements on air. Continue reading “NBC Loses Major Motion in Defamation Trial by Doctor Called the “Uterus Collector””

Berkeley Students Disrupt Dinner at Law Dean’s Home; Accuse Law Professor of Assault

UC Berkeley’s law school dean, Erwin Chemerinsky, and his wife, law professor Catherine Fisk, faced a bizarre scene this week when third-year students invited into their home for a dinner held a disruptive protest and refused to leave. The students accused Fisk of assault after she tried to pull a microphone from the hands of Malak Afaneh, leader of Berkeley Law Students for Justice in Palestine. Continue reading “Berkeley Students Disrupt Dinner at Law Dean’s Home; Accuse Law Professor of Assault”

Associated Press Under Fire for Salacious Article on Ohio Senate Candidate Bernie Moreno

The Associated Press (AP) is reportedly looking at a possible lawsuit after a bombshell article on GOP Ohio Senate candidate Bernie Moreno was found to contain serious errors and contradictions. The article by Brian Slodysko suggested that Moreno had posted on the website Adult Friend Finder (AFF) to find male lovers. The story was eagerly picked up by newspapers like The Washington Post. Moreno is a Trump-backed anti-establishment candidate who is on the ballot this Tuesday in the Ohio primary. Continue reading “Associated Press Under Fire for Salacious Article on Ohio Senate Candidate Bernie Moreno”

Master and Commander: The Biden Dogs Accused of Dozens of Additional Attacks at White House

(Official White House Photo by Adam Schultz)

We have been writing about the alarming record of the Biden dogs attacking staff and Secret Service agents through the years. At first, the story was a humorous distraction as some of us wondered if the First Family had a vicious dog. It then became more alarming as each of the dogs were found to be attacking staff and had to be eventually removed. Even more worrisome was the response of the White House and President Joe Biden, who dismissed a Secret Service agent’s account and brushed off the incidents. Now, a report indicates that Commander is responsible for at least 24 attacks. The record shows not only a lack of concern by the Bidens for staff, but a bizarre litany of vicious German Shepherds in their care. Continue reading “Master and Commander: The Biden Dogs Accused of Dozens of Additional Attacks at White House”

Battle Bots: Robotic “Companions” Are Testing the Scope of Privacy and Sexual Freedom

Below is my column in The Hill on the legal and legislative actions taken with regard to increasing numbers of robotic “companions” around the world. The resulting debate is testing the limits of privacy and sexual freedom.

Here is the column:

Continue reading “Battle Bots: Robotic “Companions” Are Testing the Scope of Privacy and Sexual Freedom”

The Biden Administration Declares Cuomo May Be a Brutal, Serial Sexual Harasser … Or Not

It takes a lot to get me to raise fairness concerns over former New York Gov. Andrew Cuomo. I was highly critical of Cuomo in his dismissal of the rights of Justice Brett Kavanaugh during his confirmation fight when Cuomo not only insisted that Dr. Christine Blasey Ford must be believed but demanded that Kavanaugh take a polygraph examination. However, Cuomo has legitimate objections to a new Justice Department finding that he sexually harassed 13 women over an eight-year period. Continue reading “The Biden Administration Declares Cuomo May Be a Brutal, Serial Sexual Harasser … Or Not”

The Curious Ethical Case of Kevin Morris

On Wednesday, I received a letter from Bryan M. Sullivan, a partner at Early Sullivan Wright Gizer & McRae LLP, who is the lawyer of Kevin Morris (who is the lawyer for Hunter Biden). The letter warns that I could face a defamation action if I do not retract (or if I repeat) my criticism of Morris’s representational relationship with Hunter. Putting the personal invectives aside, Sullivan did offer a couple of details on the possible defense of Morris in a pending ethics complaint brought by a conservative legal group.

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South Carolina Supreme Court Declares High School Football Coach Neither a Public Official Nor a Public Figure

In my torts class, we discuss the often uncertain line between ordinary citizens and public figures.  The latter classification places a person under a higher standard to prove defamation. This week, the South Carolina Supreme Court handed down a major ruling in Cruce v. Berkeley County School Dist. that sharply curtailed the definition of a public official and a public figure in a case involving a high school football coach. Continue reading “South Carolina Supreme Court Declares High School Football Coach Neither a Public Official Nor a Public Figure”

Notre Dame Professor Loses Defamation Case Over Pro-Abortion Advocacy

In July 2023, we discussed the lawsuit of Notre Dame Sociology Professor Tamara Kay against the student newspaper the Irish Rover. I was highly skeptical of not just the complaint but the facts alleged by Professor Kay. As stated at the time, Kay’s claims were challenged as false after the review of other journalists. According to Justice Steven David, I may have been understated. The case was dismissed this week by St. Joseph County, Indiana, Superior Court under Indiana’s Anti-SLAPP law. Continue reading “Notre Dame Professor Loses Defamation Case Over Pro-Abortion Advocacy”

Family of Ashli Babbitt Files $30 Million Wrongful Death Action

The long-awaited tort action from the family of Ashli Babbitt has now been filed in Southern California. Babbitt was shot and killed on Jan. 6th and her family is seeking $30 million in a wrongful death action. Equally important, the lawsuit could force additional answers to why Capitol Police Lt. Michael Byrd shot and killed the unarmed protester as she attempted to climb through a window near the House Chamber. I have previously raised concerns over the shooting as conflicting with governing standards on the use of lethal force. I also noted contradictions in Byrd’s own statements and the government’s conclusion that this was a justified killing. The complaint below adds some troubling facts to these prior concerns.

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Res ipsa loquitur – The thing itself speaks