Since we have discussed Plaintiffs’ conduct in class, I thought this video would offer a useful point of analysis. Is this negligence by the security guard?
Continue reading “Negligence? Woman Gets Stuck In Automatic Gate”
Category: Torts
Below is today’s column in USA Today (which will run in paper form next week). It appears that the police will look into the possibility of statutory rape and someone should be brushing up on defamation law as well.
Continue reading “Celebrities and Statutory Rape: Is Justin Bieber A Victim of Statutory Rape or Defamation?”
Herman Cain believes that he has found the fingerprints on the knife in his back in the expanding sexual harassment scandal . . . Rick Perry. The Cain camp has said it was Perry’s campaign that leaked the story to Politico in a hit job on Cain. Of course, there still remains the question of who told the Perry campaign about the allegations in the confidential settlement. Yet, according to the New York Times article below, there were plenty of folks who were aware of the allegations — and contradict Cain’s account. In a race to the bottom, Perry’s people have pointed fingers at the Romney camp.
Continue reading “Et Tu, Perry? Cain Accuses Perry Campaign As Source Of Sexual Harassment Claims”
I rarely take much interest in celebrity story, but one legal stories this week caught my eye: a woman who is seeking paternity liability from Justin Bieber. What is fascinating is that it would seem likely that any paternity payment would be accompanied by a possible charge of statutory rape. The alleged 30-second tryst after the concert occurred when Bieber was just 16 in a state (California) with a statutory date of 18.
Continue reading “Is Justin Bieber a Dead-Beat Dad Or Rape Victim?”
There is an interesting legal question at the heart of the still unfolding scandal over whether Republican Presidential contender Herman Cain engaged in sexual harassment. Women accusing Cain were reportedly given a settlement with a gag provision — a common element to such settlements.
Continue reading “Did Cain Trip The Wire? Attorney Suggests Breach of Confidentiality Agreement”
In Aiken, South Carolina, kids appear to take the trick in trick-and-treating more seriously than the rest of the country. A 10-year-old Aiken trick-or-treater pulled a gun on a woman who joked that she wanted take his candy on Halloween. Police found that his brother, also ten, had his own weapon.
Continue reading “Woman Jokes With Ten-Year-Old About Taking His Halloween Candy . . . Ten-Year-Old Pulls Handgun On Woman”
With repeated brawls in McDonald’s, it is would seem that it is pretty hard to be excluded from the restaurant chain. However, Erin Carr Jordan found a way. The mother of four and college professor with a doctorate in developmental psychology, has been leading an effort to get McDonald’s to clean its play area by testing equipment and reportedly finding dangerous levels of pathogens. It is not the first time McDonald’s has been accused of such dangerous levels — made more dangerous by being in proximity to food where the children digest the pathogens.
Continue reading “McBan: McDonald’s Bans Arizona Professor From All Restaurants After She Claims To Find Pathogens in Play Areas”
Now this would make for an interesting tort lawsuit. A California man was rescued on Saturday after being stuck in a toddler’s swing in the park for nine hours. The man had bet his friends $100 that he could fit into the swing, lubricated himself with laundry detergent, and squeezed into the swing — only to be stuck. After trying unsuccessfully to free him, the friends decided to leave him as a joke.
Continue reading “California Man Spends Nine Hours Trapped in Swing”
There is an interesting case out of the Michigan courts this week. A Michigan appellate court ruled that a mother, Gale Boertmann, who saw her son’s fatal motorcycle accident could claim damages under her own auto insurance for her injuries while driving. Cincinnati Insurance Co. objected, saying that the injury was not due to her operation of the vehicle since “she would have suffered the exact same injury if she were standing on the front porch of her house.”
Continue reading “Michigan Court Rules Insurance Coverage Includes Witnessing Son’s Death While Driving In Another Vehicle”
We have previously discussed “buck fever” cases and the relative absence of civil or criminal penalties for fatal hunting accidents historically. This week saw another tragic case after Marine reservist Christopher A. Ochoa, 20, was shot while hiking with a friend. Gene Collier, 67, says that he though Ochoa was a bear while hunting with his grandson.
Continue reading “Oregon Man Shoots At “Bear” and Kills Marine on a Hike”
Submitted By Mark Esposito, Guest Blogger
In yet another sign of the Apocalypse, an 82-year-old grandmother was denied medical attention for 30 minutes and told to call an ambulance after she fell and broke her hip. That’s bad enough, but what is particularly infuriating is that she was told this by staff at Greater Niagara General Hospital where she’d fallen.
In my torts class, we discuss the scope and purposes of dram shop laws, which expose bars and other businesses to liability for “over serving” customers who get into car crashes or other types of accidents. Washington now has such a case involving D.C. United’s Charlie Davies who is suing the owners of a local nightclub and the company Red Bull for $20 million. He is claiming that they are responsible for his injuries from a fatal car crash that dashed his hopes for joining the 2010 U.S. World Cup team.
Continue reading “Does D.C. United’s Charlie Davis Have A Valid Dram Shop Claim?”
Now, this could make for an interesting torts lawsuit. The Synagogue Church Of All Nations (SCOAN), a Nigerian-led Evangelical Christian church in London, has claimed to have the cure of people with HIV that involves their stopping all medications and praying for a cure. The results, critics say, has been not the promised “miracle” but three deaths.
Continue reading “Church Under Fire After Three People Die After Being Allegedly Told To Stop AIDS Drugs In Favor Of Prayer”
There is an interesting controversy in Washington where Stanley Thornton Jr., aka “Adult Baby,” has demanded an apology from Sen. Tom Coburn, who Thorton says effectively accused him of fraud when Coburn called for the Social Security Administration to review his qualification for benefits. Thornton was featured on the National Geographic channel reality television show “Taboo.” Thorton lives part of his life as an “adult baby” and collects Social Security disability payments.
When Iranian President Mahmoud Ahmadinejad has expressed doubt over the official account of the 911 attacks and accused the U.S. government, he has been condemned by other leaders and countries. However, it turns out that the most aggrieved party may be . . . al Qaeda and its allies and sympathizers. Inspire Magazine, a publication founded by Anwar al-Awlaki and often tied by the U.S. to Al Qaeda figures, has come out with a cover story attacking Ahmadinejad for suggesting that al Qaeda was not responsible or someone used in the attacks by U.S. intelligence. It appears that al Qaeda views this “truther” account as nothing short of defamation or at least product disparagement.
Continue reading “Does Al Qaeda Have A Case For Defamation Against Ahmadinejad?”