Category: Torts

Bizarre, Criminal law, Society, Torts

Where Art Thou Romeo? Lifetime Movie Enjoined At Request Of Convicted Killer

7030314imagesIn a highly questionable ruling, New York Supreme Court Judge Robert Mueller (left) enjoined the showing of Lifeline’s film, “Romeo Killer: The Christopher Porco Story,” which tells the true story of University of Rochester student Christopher Porco (right) who murdered his father with an axe and tried to murder his mother. It is a case of prior restraint and is rare in the United States. Proco had sued that the movie uses his name “for the purposes of trade.” However, Porco is a convicted murderer in a high-profile case from Nov. 2004. It is not clear how Mueller believes that such cases depictions are not covered by free speech but thankfully Mueller was reversed by the appellate court.

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Bizarre, Criminal law, Torts

New York Man Charged with Assaulting Woman on Flight With His Teenage Son

brettzorseBrett Zorse, 50, (shown here in a photo from Facebook) reportedly had a curious defense when he was accused of fondling a female passenger next to him on a JetBlue flight with his 12-year-old son. The alleged victim told police that when she confronted him he told her crudely that at least he did not penetrate her. Not exactly the best criminal defense the New Yorker could stake out on a charge of assault. He told police that he thought he had “bonded” with the 32-year-old woman. However, the federal assault provision seems dangerously vague on the element of this crime.

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Bizarre, Society, Torts

California Mortuary Admits It Buried Wrong Woman Despite Husband’s Objections

buried13n-3-webAfter living with the same woman for 51 years, Evan Davidson probably can recognize his own wife. However, when the management of Simpson Family Mortuary of Inglewood showed him Darlene Davidson, 82, in her casket, Evan Davidson promptly said that is not my wife. However, the mortuary insisted that he was wrong and she simply looked different due to embalming. They insisted on burying her and later learned that in fact it was a different woman.

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Constitutional Law, Torts

It’s Hard Out There For A Pimp

-Submitted by David Drumm (Nal), Guest Blogger

OKeefeJuan Carlos Vera will receive (US)$100,000 in a settlement of his lawsuit against James O’Keefe. The money is to be paid within 30 days and, as part of the settlement, O’Keefe “regrets any pain suffered by Mr. Vera or his family.” Vera was an employee of ACORN in National City, California, when, in 2009, James O’Keefe, posing as a law school student boyfriend (not a pimp) and Hannah Giles, dressed similarly to a prostitute, surreptitiously video-taped the encounter. A “severely edited” version was published by the late Andrew Breitbart and Vera was subsequently fired.

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Criminal law, Society, Torts

Texas Man Sues Ex-Girlfriend and Clinic for Theft of Sperm Used To Produce Child

test tube babyThere is an interesting torts lawsuit out of Houston where Layne Hardin, 44, is suing Obstetrical and Gynecological Associates, PA for allegedly giving two vials of his sperm to an ex-girfriend who proceeded to have his child. She is also suing the former boyfriend. The boy is now 2 years old. Hardin says that Tobie Devall has never let him see the boy while her lawyer says that he has never asked to see the boy.

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Academia, Criminal law, Society, Torts

Oklahoma State University Did Not Report Alleged Sexual Assaults Out Of Fear They Might Be Accused Of Violating The Student’s Privacy Protections

w300-c_6fff967459ab6f66ce07d34ed1b2f8c2There is a disturbing story out of Oklahoma State University where university officials failed to report sexual assault allegations to police out of a bizarre fear that they would be violating federal guidelines over the confidentiality of student grades. Former Oklahoma State student Nathan Cochran, 22, was accused of the assaults but university lawyers and staff believed that reporting the allegations would require disclosure of educational records in violation of the Federal Education Rights Privacy Act.

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Bizarre, Criminal law, Politics, Society, Torts

Sexist or Just Stupid? Biden’s Shotgun Advice Triggers Criticism

150px-shotgunaction225px-joe_biden_official_photo_portrait_2-croppedVice President Joe Biden latest controversial statement has produced some interesting criticism. Biden was asked recently if the ban on certain guns would put people at risk. He responded by encouraging people to buy shotguns and fire them out the window. It was pretty dim-witted advice since that would be illegal, but is it sexist as well as stupid?

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Criminal law, Society, Torts

Oregon Hunter Acquitted In Killing Of Marine Reservist Who He Misstook For Bear

220px-Canadian_Rockies_-_the_bear_at_Lake_Louise180px-Edit_4x_rifle_scopeWe have another ruling in a hunting accident case. I have previously written columns and blogs about the different treatment generally afforded to killings committed by hunters. In Salem, Oregon, Eugene Collier, 68, was acquitted of manslaughter in the killing of Marine reservist Christopher Ochoa, 20, after mistaking him for a bear. We previously discussed the case.

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Bizarre, Criminal law, Torts

Swat Team Raids Home With Armored Car, Kills Unarmed Occupant, and Costs Millions In Damages But Lead Officer Given Award For His Role In The Raid

220px-Members_of_the_60th_Security_Police_Squadron's_Base_Swat_Team628x471-1Five Connecticut towns will pay $3.5 million in a bizarre raid by heavily armed SWAT team members after a report of drugs in the house of a Norwalk man. The team hit the home with flash grenades while snipers and officers surrounded the property. The owner, Ronald Terebesi, was dragged from the home and another man, Gonzalo Guizan (right), shot and killed. Neither was armed and a small amount of recreational drugs were found. The towns however still fought the case for years until a court issued a key ruling against them. They still deny any negligence or fault and proceeded to give the officer leading the raid an award for his role in the disastrous raid. (Swat members shown here were not involved in this raid)

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Academia, Animals, Bizarre, Congress, Constitutional Law, Courts, Criminal law, Environment, Free Speech, International, Justice, Lawyering, Media, Military, Politics, Religion, Science, Society, Supreme Court, Torts

15,000,000

This morning, our blog passed our 15,000,000 viewers. Since just a few weeks ago that we passed the 14,000,000 mark, it is obvious that the blog continues to grow at an impressive rate. We continue to rank in the top ten most viewed legal blogs in the world and I would like to think that our civility policy adds to the appeal of the blog for new viewers.

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Bizarre, Society, Torts

Body Found In Hotel Water Tank After Complaints Of Foul Tasting Water and Dark Bath Water

Contaminated-Water-Danger-Sign-S-2816There is an interesting torts case brewing in Los Angeles where guests at the Cecil Hotel drank and bathed from a rooftop water tank that appears to have had a decomposing body in it for two weeks. The body of Elisa Lam was found after a worker investigated the cause for low water pressure at the hotel.

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Criminal law, Society, Torts

Florida Police Officer Kills Elderly Woman In 100 MPH Crash But Charges Dropped After Another Officer Fails To Appear At Hearing

article-2280582-17A9AB94000005DC-489_306x423article-2280582-17A9B53F000005DC-277_634x416Florida trooper Detrick McClellan (left) was on-duty when he sped at more than 100 mph without emergency lights down a county road and slammed into a Mitsubishi Galant driven by Michelle Campbell, 51. Campbell died in the crash and her granddaughter, 12, flew through the windshield. Her adult niece was also injured. McClellan was found at fault and given three traffic citations even though he said he was responding to a call about someone throwing rocks off an overpass. He was facing citations for careless driving, speeding, and failure to use his emergency lights. Yet, when McClellan came up for his hearing, the ticketing officer was no where to be found and the judge therefore dismissed the case. A video shows officers and McClellan laughing after the dismissal.

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Criminal law, Religion, Society, Torts

Laying Hands On The Faithful: Alleged Serial Rapist Used ChristianMingle To Arrange Dates

Sean+Patrick+BanksWe previously discussed the legal issues raised by ChristianMingle promising the faithful to help find “God’s Choice” for them. It seems unlikely that Sean Patrick Banks, 37, was God’s Choice for an ideal Christian date. He is now accused of raping women that he met through ChristianMingle.com across the country.

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