Officer James Harris in DeLand, Florida has been fired after he ran over a man who was fleeing police. Marlon Robert Brown, 38, was being pulled over for a seatbelt violation when he fled. He won’t do that again. The video shows Harris pursuing Brown in his car and when Brown trips, running over the man.
Category: Torts
There is an interesting story out of Washington state where a Washington state psychologist has been suspended from practice after a prostitute took off with his laptop containing files on 652 clients. Dr. Sunil Kakar, 46, reportedly left his computer with the prostitute while he ran out to an ATM machine. The computer was reportedly left as “collateral” for payment for the prostitute.
There are two arrests in Florida after the suicide of 12-year-old Rebecca Sedwick (left) who was bullied on the Internet, including at least one mocking posting by one of the girls after the suicide. The two girls (aged 14 and 12) have been charged with felonies.
Air Canada is under fire this week for its response to the disappearance of Larry, a two-year-old Italian greyhound, on a flight from San Francisco. The dog’s owner had died of cancer and Jutta Kulic had found a family in Canada to take the animal. However, Air Canada reported that, during a delay, the dog was let out of its cage and then ran away. That is bad enough but a response from the airline sent people in both countries into a fury over the airline’s actions. This is a case where the company’s slogan appears to be “Go [TOO] Far.”
Continue reading “Doggone: Air Canada Faces International Outcry Over Its Response To Losing Dog”
We have been following the extraordinary case of the family terrorized by a gang of bikers in New York city. Alexian Lien, 33, was beaten and slashed in the attack which came after a long chase by the bikers. Previously, Christopher Cruz, 28. Cruz was charged with reckless endangerment, menacing, reckless driving and acting in a manner injurious to a child less than 17. A second suspect — Allen Edwards, 42, of Queens, was charged with reckless endangerment, criminal mischief and menacing. He is believed to be the man seen on video below striking the Range Rover windows with his fists in the video below. The man with the chrome-colored helmet is reported to be Reginald Chance, 38, of Brooklyn. Another man, Robert Sims, 35, of Brooklyn has also been arrested. As many as five men appear to have beaten Lien, though the criminality would seem to extend to other bikers who trapped and pursued the family. It now appears that at least two off-duty police officers may have been present at the chase and/or beating of the family and did not immediately intervene or come forward.
We have been following the highly dubious litigation of cross claims between Thomas M. Cooley Law School and Kurzon Strauss and some bloggers. The law school filed a defamation claims against the firm and bloggers who criticized the institution’s portrayal of its graduates’ employment statistics. United States District Judge Robert J. Jonker has now dismissed the case. However, in a rather curious lesson for its students, Cooley is pledging to continue the litigation with an appeal.
Jehovah’s Witnesses in Arkansas will soon be called to be witnesses of a different kind for John Baldwin, 35. Baldwin is charged with aggravated assault after firing 13 times at the Jehovah’s Witnesses who approached him in his front yard. After Baldwin told Laura Goforth, 47, and Rachel Boshears, 55, to get off his lawn, the Jehovah’s Witnesses were leaving when one of them heard Baldwin tell his wife “Get me my 9.” (A referenced to his Springfield XDM-9). While Isaiah 43:10 may proclaim “Ye are my witnesses, saith Jehovah, and my servant whom I have chosen,” these pious folk will soon be called by a more earthly authority to bear witness.
Police have made an arrest in the extraordinary case of a gang of bikers who terrorized a family of Alexian Lien, 33, in New York City. One of the bikers filmed the entire chase and attack and then posted it on YouTube. He may have succeeded in incriminating his colleagues, including Christopher Cruz, 28. Cruz was charged with reckless endangerment, menacing, reckless driving and acting in a manner injurious to a child less than 17. (Update: A second suspect — Allen Edwards, 42, of Queens, charged with reckless endangerment, criminal mischief and menacing. He is believed to be the man seen on video below striking the Range Rover windows with his fists.).
Continue reading “New York Police Make First Arrest in Biker Attack on Family (Updated)”
I have been warning for years of the dangers of tuba lines and now you can see why. Tuba lines are torts waiting to happen. The question is whether proximate causation for negligence of the first Tuba player covers all six victims or whether the casual chain is cut off after the first fall. It seems clear that the chain reaction is the foreseeable consequence of the original fall.
There is another lawsuit over a family dog shot by police. In Austin, Julian Reyes has sued over the killing of Shiner Bock, his German Shepard. He claims in the lawsuit that police were responding to a burglary call and shot Shiner Bock when the dog challenged them by barking.
Continue reading “The Killing of Shiner Bock: Artist Sues Austin Police In Death Of Dog”
In torts, I often discuss the collateral consequences for same-sex couples not having recognized marriages from intentional infliction of emotional distress claims (which are limited to close family members in seeking third-party claims) to spousal immunity claims. Kentucky last week demonstrated the problem for such couples with the opinion below. Bobbie Jo Clary (left) and her domestic partner, Geneva Case, claimed spousal immunity on the basis for a civil union in Vermont in 2004. However, Judge Susan Schultz Gibson ruled that they could not claim spousal immunity in a criminal case because they do not have a marriage recognized under Kentucky law. It is an example of the type of “full faith and credit” cases that could lead to a showdown before the Supreme Court. Normally, states are required to give full faith and credit to the contracts from other states, including out-of-town marriages.
Continue reading “Same-Sex Couple Denied Protection Of Spousal Immunity In Kentucky Murder Trial”
Attorney Andrea Pelligreni has filed a sexual harassment lawsuit against her former client for a culture of sexism and improper behavior. A lawyer suing a client for such misconduct can be a challenge in itself, but when your client is named the “Insane Clown Posse” it is especially difficult. While many would view working with the Insane Clown Posse to be something of an assumption of risk, Pelligreni insists that she was shocked and moved to tears in working with the recording group and particularly two members of Insane Clown Posse, Joseph “Shaggy 2 Dope” Bruce and Joseph “Violent J” Utsler. Other defendants include Psychopathic Records; its president, William Dail; and some of its employees. It makes for a curious cite as an attorney sues defendants named “Shaggy 2 Dope” and “Violent J” and Psychopathic Records for being shockingly immature and demeaning and . . . well . . . insane.
Lance Armstrong has succeeded this week in establishing a constitutional right that is tailored perfectly for his legacy: the constitutional right to lie. U.S. District Judge Morrison England dismissed a lawsuit by people who bought his books while he was lying about his use of performance enhancing drugs and attacking his critics. In a clearly correct decision, England ruled that such writing is squarely protected by the First Amendment. The case is Stutzman v. Armstrong, No. 2:13-CV-00116-MCE-KJN, UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA, 2013 U.S. Dist. LEXIS 129204, September 9, 2013
Continue reading “Court Declares Armstrong Has Protected Right To Lie To Fans”
It is the profound disgust that I must report the results of the 2013 annual Torts v. Contracts Paintball competition. Contracts prevailed this year 2-1-1. The annual competition is the outcome of an auction to support our public interest law program at George Washington University. These contests have raised thousands of dollars of indigent clients and public interest work.
Continue reading “Contracts Beats Torts In 2013 Paintball Competition”
There is a tragic case out of New York City this week that could be the basis for a product liability action. Roman Pirozek Jr., 19, virtually decapitated himself with his own remote-controlled Trex 700 helicopter when it cut off a piece of his skull and slashed his throat.
Continue reading “New York Man Killed By His Own Remote Controlled Helicopter”