Category: Torts

Medal of Honor Recipient Sues Defense Contractor For Defamation

There is an interesting defamation case that has been filed in Texas. Dakota Meyer, a former U.S. Marine who received the Medal of Honor is alleging that BAE Systems OASYS defamed him to a prospective employer by saying that he has a drinking problem, poor work habits, and is mentally or emotionally unstable.
Continue reading “Medal of Honor Recipient Sues Defense Contractor For Defamation”

California Woman Pepper Sprays Other Customers To Get “Upper Hand” in Black Friday Deal

They don’t call it Black Friday for nothing. A woman in a Los Angeles Walmart hit the store at 10:20 pm to grab the holiday deals only to find other customers rushing toward the items that she wanted. Police say that, as the coverings on the items were removed, she pepper sprayed the other customers. Twenty people were injured.
Continue reading “California Woman Pepper Sprays Other Customers To Get “Upper Hand” in Black Friday Deal”

Family Sues Wisconsin Prosecutor After She Charges 6-Year-Old Boy With First-Degree Sexual Assault After “Playing Doctor’

I previously wrote a column about the ongoing controversy over statutory rape prosecutions, the subject of prior blogs. Now, Grant County District Attorney Lisa Riniker appears intent on outdoing other prosecutors by charging a 6-year-old boy with first-degree sexual assault for what the family says was playing doctor with a 5-year-old girl.

Continue reading “Family Sues Wisconsin Prosecutor After She Charges 6-Year-Old Boy With First-Degree Sexual Assault After “Playing Doctor’”

Virginia Woman Accused of Stabbing and Decapitating Piglet

In Chesapeake, Virginia, Ashley Fowler, 22, is our latest example of an a human who allegedly expresses her feelings by killing or torturing a pet. In this case, it was a pet piglet of her friend’s former boyfriend, Zach Sawyer, who raised piglets as therapy after an accident. Fowler is accused of decapitating the piglet.

Continue reading “Virginia Woman Accused of Stabbing and Decapitating Piglet”

Trashing Talking Triplets: Parents Object to Interactive Triplets Dolls That Allegedly Say “Hey, Crazy Bitch.”

Now this is an interesting warning defect case. Toys R Us are selling “You & Me Interactive Triplets” dolls that parents say use bad language. Parents claim that the dolls say “Hey, Crazy Bitch.” Of course, produce defects are those problems that are more dangerous than the expectations of the ordinary consumer. In this case, the child is not in physical danger but the product exposes them to bad language. The dolls are simply too interactive and a bit too “street” for many parents.
Continue reading “Trashing Talking Triplets: Parents Object to Interactive Triplets Dolls That Allegedly Say “Hey, Crazy Bitch.””

Tootsie Sues Footzy: Candy Company Claims Shoe Line Will Confuse Customers

For many years, the slogan for Tootsie Rolls was “The world looks mighty good to me cause Tootsie Rolls are all I see.” It appears that that marketing slogan has become a legal strategy. The candy company is suing Footzyrolls in Chicago for trademark confusion. It is yet another lawsuit in a series that we have discussed. I remain highly critical of the current law that allows effective ownership of generic images or terms, obvious parodies, or in this case, a vague familiar name.
Continue reading “Tootsie Sues Footzy: Candy Company Claims Shoe Line Will Confuse Customers”

Meet Oneal Ron Morris: Alleged Fake Doctor Who Injected Victims With Cement and Flat-Tire Sealant For “Curvier” Bodies

We have previously seen fake doctors arrested after harmful or lethal operations, often low-cost cosmetic surgeries. Few compete with the alleged medical practice of Oneal Ron Morris, who is accused of injecting the buttocks of women with cement and flat-tire sealant in her “practice.” The use of flat-tire sealant appears to be a favorite off-the-counter item for such faux cosmetic doctors, given past cases. She was charged criminally for practicing without a license and obviously can be sued civilly.
Continue reading “Meet Oneal Ron Morris: Alleged Fake Doctor Who Injected Victims With Cement and Flat-Tire Sealant For “Curvier” Bodies”

Teaching Supply and Demand: Florida Teacher Accused of Selling Math Grades

A math teacher in Fort Myers, Florida is under fire for teaching his students about supply and demand within a market-based system. Jeff Spires’ problem appears to be his choice of pedagogical vehicle: purchasing their own grades. Spires was suspended from Charlotte County High School in Charlotte County, Fla., without pay on Oct. 14 and resigned two weeks later. This “new math” approach could have promise for wider applications as discussed below. Think of it as a variation of Adam Smith’s work, a type of “Wealth of Students” approach to the job market.
Continue reading “Teaching Supply and Demand: Florida Teacher Accused of Selling Math Grades”

Illinois Man Admits To Selling Penis Enlargers to Treat Diabetes and Bladder Patients

An Illinois man, Gary Winner, pleaded guilty to criminal charges in Rhode Island after selling “penis enlargers” to diabetes patients to help with “bladder control, urinary flow and prostate comfort.” This could make for an a particularly novel product liability claim as well as a negligence case.

Continue reading “Illinois Man Admits To Selling Penis Enlargers to Treat Diabetes and Bladder Patients”

Humphrey The Hippo and the Wisdom of Strict Liability For Wild Animals

This story struck me as relevant to the discussion that we just had in class about strict liability for wild animals. The common law makes a possessor of a wild animals strictly liable for any bites or injuries. This liability is often based on the lack of animus rivertendi, or habit of return — the notion that you cannot completely domesticate a wild animal. That is a lesson that Marius Els, 41, learned too late in keeping his pet hippopotamus, Humphrey.
Continue reading “Humphrey The Hippo and the Wisdom of Strict Liability For Wild Animals”

Rhode Island Doctor Accused of Abandoning 33,000 Patients To Run For Office In Nigeria

Now this is an interesting negligence case. An estimated 33,000 people in Rhode Island have been left without medical records after Dr. Nomate Kpea, a dermatologist, left for Nigeria to run for political office — leaving their files in foreclosed properties in the state.
Continue reading “Rhode Island Doctor Accused of Abandoning 33,000 Patients To Run For Office In Nigeria”

Can Penn State Or Paterno Be Sued For Negligence?

We have been following the unfolding scandal at Penn State. There is widespread agreement that the coaches on the team, as well as the university, acted reprehensibly in their response to the alleged sexual abuse of young boys by Jerry Sandusky (at least outside of the rioting students who appear to believe Coach Joe Paterno should not be blamed for doing little after learning of an alleged rape of a minor in a shower). The question is whether Paterno or Penn State could face credible complaints seeking civil liability for negligence.

Continue reading “Can Penn State Or Paterno Be Sued For Negligence?”