Category: Torts

Faux YouTube Ad Draws Real Defamation Complaint

Techdirt found an interesting example of how easy it is to censor videos on YouTube. After this faux ad appeared to criticize the control of cable companies, someone filed a defamation complaint and, as shown below, the video was removed. That’s right a faux ad criticizing unnamed cable companies was the basis for a defamation complaint according to the site.

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Appellate Court Tosses Lawsuit Against TripAdvisor For Number 1 Listing As Dirtiest Hotel

our-roompaint-peeling-on-railThere is an interesting ruling out of the Sixth Circuit this month where the court threw out a $10 million defamation lawsuit by a resort in Pigeon Forge, Tennessee. The resort was ranked the Number 1 on the 2011 “dirtiest hotels” list by TripAdvisor. Hotel owner Kenneth M. Seaton sued the website for defamation but Judge Thomas W. Phillips in Knoxville correctly rejected the claims in August 2012. The case is Seaton v. TripAdvisor LLC, 2013 FED App. 0255P (6th Cir.).

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RIP Ronald Coase, 1910-2013

UnknownYesterday, one of the greatest minds of our generation died. Ronald Harry Coase, the Clifton R. Musser Professor Emeritus of Economics at the University of Chicago Law School and creator of the “Coase Theorem”, died at the age of 102. I teach Coasean theory in both my torts and legal theory classes. His rich and brilliant life is a testament to the potential of human beings in understanding the world around them through sheer intellect and logic. I had the honor of meeting Coase and it is difficult to express one’s thanks for such a beautiful mind.

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California Police Arrest A Man Videotaping Them In Public And Then Shoot His Dog After It Leaps From Car

hawthorne-dog-shotA videotape out of Hawthorne, California (15 miles out of Los Angeles) is raising questions not only about police arresting a man for videotaping them in public but shooting the man’s dog when it comes to his aide. Warning: the arrest of Leon Rosby, 52, shown below, is a disturbing video with a graphic scene of the shooting of his dog, Max.

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Another Foreclosure Bungled: West Virginia this time

Submitted by Charlton Stanley (aka Otteray Scribe), Guest Blogger

Moran RdIt has happened again. This time in Logan, West Virginia. Schoolteacher Nikki Bailey came home from visiting a sick friend in the hospital, only to find a work crew from CTM Industries removing the last few pieces of her belongings from her house. The workers told Ms. Bailey they had been sent by a bank to clean out her house for foreclosure.

There is one minor detail. Her house was paid off in full twenty-five years ago. She showed reporters around the house, and everything was gone to the bare walls. Her pictures, diplomas, awards, and all her belongings.
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Family Sues Frostburg University Coaches And NCAA Over Death Of College Student

football_6As most football fans know, the NFL has been struggling with rules changes to address the danger of concussions and Chronic traumatic encephalopathy (CTE) in players in the wake of expanding medical research on injuries. Colleges and High Schools have implemented strict new guidelines, particularly in preventing helmet to helmet hits. None of that seems to have sunk into Frostburg University, which is accused of a shocking display of ignorance and negligence in the death of Derek Sheely, a 22 year old fullback. According to a lawsuit, Sheely was bleeding and complaining that he did not feel right, but the coach told him “Stop your bitching and moaning and quit acting like a pussy and get back out there.” Sheely collapsed a short time later and never regained consciousness.

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California County Pays $2.6 Million To Family After Swat Team Raids Home, Starts Fire That Kills Innocent Man, and Blocks Fire Trucks Rushing To The Scene

RogelioSerrato5-300x169Monterey County has agreed to pay a family $2.6 million after police conducted a military-like raid on the home of an innocent man and burned down the home with the man inside while blocking fire trucks rushing to the scene. Rogelio “Roger” Serrato, 31, died at the scene and left a family with four children without a father.

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Are You Ready for Some Football?

Submitted By: Mike Spindell, Guest Blogger

Junior_Seau_2Football fans around the nation are feeling the excitement grow as we again approach the NFL Football season. They are avidly watching their favorite team’s pre-season games, checking out the new rookies and preparing for their various fantasy football leagues by analyzing league rosters. NFL Football has become the preferred sport of the country and generates many billions of dollars. It is our budding empire’s version of the gladiator battles in the various Roman Coliseums that were spread across the Empire as a palliative to an enslaved populace. While it is true that the Roman Gladiator battles usually ended only by the death and dismemberment of the “losers”, the news of the physical and mental costs to pro football players has begun to receive more publicity of late. This is due to the realization of the lasting damage done by football head trauma referred to broadly as concussions. As someone who has watched the National Football League for perhaps 60 years the idea of a concussion is one that is intertwined with the sport itself. For much of that time while it was discussed openly by the game announcers, analysts and sports journalists, in truth they all made light of them and players themselves would cheerfully discuss “getting clocked” or “having their bell rung.” The players thus injured who would insist on returning to the game were seen as “real men” and “heroes” for their fortitude. Then too coaches concerned with winning would tell them to “man up” and their teammates opprobrium for them “relaxing” on the sidelines would add peer pressure to continue to play even through their disorientation and head pain.

As the sport grew and outpaced baseball as the nation’s “national pastime,” like the gladiators of old players became heroes with nationwide celebrity. Many noted how some retired players from era’s past seemed to die relatively early in life, especially considering that to play football one must be an excellent physical specimen. As fans we were also aware how many of our heroes’ sustained injuries that in their retirement rendered them somewhat physically disabled for life, but merely made passing note of this reality, rather than feel discomfort at what this violent sport was doing to those who played it for our entertainment. The truth is that football fans and football professionals celebrated the violence of the game, even while shedding “crocodile tears” for player carted off the field with terrible injuries. Coaches and players talked about the exultation one felt when they made a jarring hit upon another player. It was common in interviews for players to talk of the joy they felt “making contact”, a minor euphemism for hitting or being hit with jarring intensity. We are to my way of thinking no more evolved than those Roman Citizens who would excitedly vote “thumbs down” on whether a losing gladiator should receive the killing blow. Our social norms require that we “feel sad” about a terrible injury, but if it occurs to an opposing player and affects our teams prospects, only the most unaware would deny that in the back of their mind they are calculating what this injury will mean. Our consciences are salved by the fact that many football players get paid enormous sums of money for their skills and so from a legal perspective one might say there is an assumption of risk. I want to examine this “assumption of risk” and discuss the implications that it has for NFL, the players and for us the fans. Continue reading “Are You Ready for Some Football?”

Virginia Woman Falsely Accuses Man Of Rape And Sends Him Away For Four Years Before Recanting . . . Given Just 60 Days In Jail To Be Served On Weekends

52118bc04b6a1-1.preview-300I have previously discussed the pattern of prosecutors in either not charging false rape victims or seeking relatively light sentences despite the incarceration of innocent men. (here, here, here, here, here, and here). While I would never recommend a prison sentence for a rape victim who simply identified the wrong man by mistake, the most disturbing cases are those involving false rape claims. For an example of this problem, you need to go no further than the case of Elizabeth Paige Coast.

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Woman Develops Inoperable Brain Cancer After Doctor Allegedly Lies About Removing The Growth And Then Falsifies Medical Reports

230px-Hirnmetastase_MRT-T1_KMSurgeon Emmanuel Labram is facing misconduct charges this month after a woman came forward with an allegation that he told her that had successfully removed her brain tumor when he had not. Labram allegedly encouraged her not to seek further treatment after her surgery at the Aberdeen Royal Infirmary in Scotland. (picture shows brain scan from different case)

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Fully Loaded Van For Sale: Teens Arrested In Mexico After Drugs Found In Van Purchased At Government Auction

2004-toyota-sienna-frontside_ttsiele041Buying vehicles at government auctions can come with obvious perils that range from past damage to poor maintenance to wear and tear. However, the Duarte family appears to have discovered another peril when they unwittingly smuggled drugs from the U.S. to Mexico. Sergio Torres Duarte, 18, and his 19-year-old friend Julio Cesar Moreno were arrested after being stopped on their way to a soccer match near the resort city of Mazatlan and police found 2.2 pounds of cocaine beneath the dashboard of their blue 2004 Toyota Sienna. While we do not see many cases of people smuggling drugs from the United States to Mexico, the teens were arrested despite their pleas of innocence. Torres Duarte’s father, also named Sergio Torres, did some research and found that the van was seized in a drug raid and police found drugs, but apparently missed some before sending the vehicle for auction. Nevertheless, the boys remain in a Mexican jail.

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One-Free-Bite Rule? Michigan Man Sticks Tongue Out To Tease Pit Bull . . . Pit Bull Bites Tongue Off

175px-Lgive_lashon220px-American_Pit_Bull_Terrier_-_SeatedThere is a tragic case out of Michigan that could present a novel controversy under the “one free bite” rule for dogs. A 33-year-old man tried to “befriend” a pit bull by putting his face up to the dog and sticking his tongue out. The pit bull proceeded to bite off the man’s tongue, or at least a significant part of it.

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Commander Love Sends Detroit Police The Bra Sizes Of All Female Officers

170px-Soutien_des_seine_par_une_brassiere168px-Detroitpd_jpg_w300h250Now this could make for an interesting tort lawsuit. Detroit police officers were surprised this week to get an email from a Commander Dwayne Love that listed the names of female officers and their bra sizes and weight. The email dealt with bullet proof vests and the information was mistakenly included. The question is whether such information could be used as a basis for a tort action.

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Ralph Nader To Open Country’s First Torts Museum

220px-Ralph_Nader,_September_15,_2007admission-ticketMy fellow torts professor Roger Schechter sent me the good news of a museum that will finally cater to the common law set. Ralph Nader is reportedly establishing the nation’s first Tort law museum in his home town of Winsted, Connecticut. The article below includes quotes from local businessman who say that they would prefer a children’s museum but who needs a slip-and-slide when you can have an entire building dedicated to slip and falls? I am already planning my family trips.

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Tawana Brawley’s Wages Garnished For Defamation Damages From Infamous Hoax Case

250px-al_sharpton_by_david_shankboneTbrawleyWe previously discussed the infamous case of Tawana Brawley and Al Sharpton, now a MSNBC host. In 1987, Brawley, a black teenager, falsely accused a prosecutor, a New York police officer and a state trooper of a racist attack and rape. The racial animus was fueled actively by Al Sharpton who used the case to propelled himself into national fame or infamy. She later recanted and a court ordered damages to be paid by both Brawley and Sharpton — neither of whom paid. The falsely accused former Dutchess County prosecutor Steven Pagones tracked down Brawley living in Virginia and working as a nurse last year. He is owed $190,000 in damages against Brawley, now 40.

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