In teaching torts, I begin my discussion of the intentional infliction of emotional distress by having students write in their notes “not everything is the infliction of emotional distress.” The reason for the cautionary line is that law students tend (particularly on exams) to call any insult an infliction of emotional distress, ignoring the elements of the tort requiring severe forms of conduct or speech to qualify. That line came to mind in reading the recent decision of the Utah Court of Appeals rejecting tort claims, including an IIED claim, in Keisel v. Westbrook. The case involves Russell Westbrook, the Thunder’s point guard who reacted angrily to the taunting of Shane Keisel, a Jazz fan, at a game in March 2019. Keisel brought an array of tort claims that have now been correctly rejected by the courts. Continue reading ““Disagree Better”: Court Rejects Torts Claims of Taunting Fan Against Russell Westbrook”
Category: Torts
There is an interesting case out of Harvard where OBGYN professor and founder of Boston IVF, Dr. Merle Berger, is being sued for allegedly inseminating a woman with his own sperm. It is reminiscent of the case of Dr. Donald Cline who was accused of impregnating dozens of women with his own sperm. Continue reading “Harvard Professor Sued for Allegedly Inseminating Woman With His Own Sperm”
There is an interesting controversy brewing between NBC and the Trump campaign over a parody using the image of NBC News senior Capitol Hill correspondent Garrett Haake. The network has asked the campaign to take down the video that attacks Trump’s political opponents while using a voiceover that sounds like Haake. While Trump senior adviser Chris LaCivita has pointed out that this is parody “to keep @NBCNews Lawyers off my a**,” it may not be enough. NBC could have a case under torts. Continue reading “NBC Demands Trump Campaign Take Down Parody Video”
The New York Times lost a critical effort to block the defamation lawsuit brought by University of Alabama basketball player Kai Spears. However, the Times was able to toss out the false light claim in what could be a fascinating fight going forward. Continue reading “New York Times Loses Effort to Block Kai Spears Defamation Action”
The parents of Holden Armenta have retained counsel and sent a retraction letter to Deadspin in moves that usually precede the filing of defamation actions. Armenta was the target of a vicious and false attack by Deadspin’s Carron J. Phillips. The writer has long been controversial, but Deadspin retained him. It could now come at a high cost, but the defamation action will face challenges. Continue reading “Deadspin Defamation: Parents of Holden Armenta Move Toward Libel Action Over Blackface Allegation”
United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) has issued a warning that a story about its staff holding hostages in Gaza is possible “misinformation” and should be removed from the media. The UN has long supported censorship and we previously discussed how figures like World Health Organization (WHO) head Tedros Adhanom Ghebreyesus called for such action to combat what he called the “infodemic” — a claim made as his own organization came under fire for its actions vis-a-vis China on the pandemic. Now UNRWA is raising possible defamation of the group. Indeed, the latest statement reads like a notice letter in a defamation case, but how serious is it? Continue reading ““Must Stop Immediately”: United Nations Declares UNRWA Terrorism Story “Misinformation””
When hired by MSNBC as a legal analyst Andrew Weissmann, host Ari Melber explained that Weissmann is a “legend” while others heralded his insider perspective on cases. While many disagreed, Weissmann now has the inside scoop on a major defamation lawsuit in Washington, D.C. He is also the defendant. The controversial former aide to Special Counsel Robert Mueller (and NYU law professor) is being sued after declaring that attorney Stefan Passantino coached former Trump aide Cassidy Hutchinson to lie before Congress. Continue reading “The Case Against Andrew Weissmann: MSNBC Analyst and Mueller Aide Faces a Trump-Like Lawsuit”
Yesterday, we discussed the attack of Trump associate Roger Stone on Casey DeSantis for referring to her children in speeches. The story by Mediaite included screenshots of a posting. Stone was responding to a posting by GOP congressional candidate Mike Crispi criticizing DeSantis for repeatedly referring to her children. Stone reportedly added “SeeUNextTuesday,”using the common slang for the vulgar word. Stone has now denied that he ever used the slur. Continue reading “Roger Stone Denies Using Vulgar Reference for Casey DeSantis . . . That Still Appears on His Account”
The Internet has erupted over another reposting by former president Donald Trump. Trump reposted a supporter’s “fantasy” of executing a citizen’s arrest of Judge Arthur Engoron and New York Attorney General Letitia James. It was described as a fantasy but it remains a dangerous (and uninformed) suggestion that some could easily take seriously. That is particularly the case after the reckless attacks of Trump on critics as “vermin” and pledging to go after them if reelected. Continue reading “No, Trump Supporters Cannot “Citizen Arrest” the Judge or James in New York”
Yesterday, the students of day and evening torts were honored by a lecture from the leading American expert on animal tort liability, Professor Luna. Herr Professor taught subjects like the “one free bite rule” and animus revertendi with the insight and intensity expected from a world renown canine academic. Continue reading “Professor Luna Teaches Animal Torts at GWU Law School”
There was a major and somewhat surprising ruling in the case of Abigail Zwerner, the elementary school teacher who was shot by a 6-year-old student in January. Zwerner sued the school district for $40 million after learning that school officials knew that the child had brought a gun to school that day and that the child had previously threatened teachers. Newport News Circuit Court Judge Matthew Hoffman ruled that Zwerner was not confined to recovery under worker’s compensation because the shooting did not fall within the scope of her employment. Continue reading “Virginia Teacher Wins Major Ruling Against the School District After Being Shot by Six-Year-Old”
Below is an expanded version of my column in the New York Post on the return of Halloween and joy of little litigators in anticipation of the return of the festival of Samhain.
Here is the column: Continue reading “Tykes and Trial Lawyers Gather for All Hallow’s Eve”
Here is my annual list of Halloween torts and crimes. Halloween of course remains a holiday seemingly designed for personal injury lawyers around the world and this year’s additions show why. Halloween has everything for a torts-filled holiday: battery, trespass, defamation, nuisance, product liability and more. Our annual listing is not intended to belittle or ignore the serious losses that can occur on this and other holidays. However, my students and I often discuss the remarkably wide range of torts that comes with All Hallow’s Eve.
So, with no further ado, here is this year’s updated list of actual cases related to Halloween. Continue reading “Spooky Torts: The 2023 List of Litigation Horrors”
I have been writing for years about the deepening legal problems associated with the biting of secret service agents and others at the White House by the Biden dogs. The repeat offender remains Commander who has at least a dozen biting incidents. Under the common law, Commander is now considered a vicious animal and the Bidens are now strictly liable for such bites. What is notable is that liability for such bites could fall on the taxpayers. [Commander has become the latest Biden dog sent into exile due to biting people].
Continue reading “Master and Commander: The Bidens Are Now Strictly Liable for German Shepherd”
Edward Druzolowski, 78, is facing a second-degree murder charge in Florida after gunning down his neighbor over a tree cutting dispute. Brian Ford, 42, was on Druzolowski’s property trimming limbs from a tree between their property when Druzolowski told him to leave. What unfolded led not only to murder charges, but may lead to a controversial defense. Continue reading “Tree Cutting Dispute Leads to Murder Charges in Florida”