An unnamed Albertsons cashier has won an appeal in a disability case (and $200,000) where her store manager refused to allow her to take a bathroom break — leading to an embarrassing accident at the checkout counter. Once again, I wonder at the legal judgment in taking this case to adjudication and appeal.
Continue reading “Appeal in Aisle 3: Albertsons Loses Bathroom Break Case”
Category: Torts

US Airways is facing a major fine over a wide range of safety and maintenance violations on its airplanes. The one that caught my eye was a plane in December 2007 that returned to Denver with a low oil-pressure warning. Mechanics appear to have lost the caps for the oil sump so they just stuffed towels in the openings.
Continue reading “Throwing in the Towel: FAA Fines US Airways $5.4 Million for Such Violations As Using A Towel Instead of an Oil Cap in Engine”
Today’s column on blasphemy laws may be too narrow. In San Francisco and London, activists are demanding that denigrating someone as fat should be treated as a hate crime like race, age, or faith. “Fatism” is already banned in San Franscisco in housing and workplaces.
Continue reading “Rights of the Rubenesque: London Considers Making Fatism a Form of Hate Speech”

In American politics there are few more polarizing figures than Al Sharpton and Rush Limbaugh. Now, in what will be a spasmodic moment of euphoria for many, Sharpton and Limbaugh may be going to court with the former suing the latter for defamation. Putting aside the sheer joy of the moment for many, the case could present some interesting questions over whether Limbaugh defamed Sharpton in a Wall Street Journal Op-ed.
Continue reading “Polar Attraction: Sharpton Threatens Limbaugh With Lawsuit”

Chef Mark DeCraepeo at Pizza Time in Boca Raton had been pushed just about as far as you can go as an Italian chef. One of his cousins working as a waitress at the restaurant hanged a ticket for another mozzarella caprese after he has already prepared the dish. DeCraepeo responded by pulling a gun and threatening to shoot her in the forehead if she hanged another order for mozzarella caprese.
Continue reading “Step Away From the Mozzarella Caprese: Florida Chef Arrested for Threatening to Shoot Server”
There is an interesting torts lawsuit in Los Angeles where Amber Duick has filed against Toyota for a weird advertising campaign that she said “punked” her and convinced her that she was being stalked by an English man called Sebastian Bowler. She is demanding $10 million.
Continue reading “Duick Blind: California Woman Sues After Being “Punked” by Toyota”
Keith Bardwell, justice of the peace in Tangipahoa Parish, Louisiana has become an infamous figure overnight after he refused to marry an interracial couple out of concern for their possible children. However, he helpfully explained “I’m not a racist. I just don’t believe in mixing the races that way.”
Continue reading “Louisiana Justice of the Peace Refuses to Marry Interracial Couples”
In torts, we have been exploring the requirements of state dram shop law for bars, restaurants, and other businesses. This video would probably constitute one extreme on the scale from serving and “over-serving” in the industry.
Continue reading “Question of the Day: Can You Serve This Man Under Dram Shop Laws?”
An Italian couple has filed a provocative lawsuit seeking damages from a cruise that took them from Italy to Spain. After setting sail, the couple found out that they were on the “Revuelta” (“Revolution”) cruise for gay couples. They insist that it was a breach of their agreement not to inform them of the “theme” of the cruise while others are charging that they are homophobic.
Continue reading “Italian Couple Files Suit After Setting Sail on a Gay Cruise”
Detroit has long held the reputation as one of the worst run cities in the nation, particularly with its top politicians continually the subject of corruption scandals and criminal indictments, here. Now, an internal report has revealed that the city spent more than $18.5 million on an in-car computer system that is so poorly designed and used that investigators found that “its most common use today is a platform to play solitaire.”

It appears that Oregon police take fish murder more seriously than Texas police. We previously saw how police declined to charge a woman who fried and ate her ex-husband’s pet fish, here. Now, Donald Earl Fite III has pleaded guilty to stabbing Sarah Harris’ pet betta (Siamese fighting) fish, DeLorean, to death when she (inexplicably) declined to resume her relationship with him. DeLorean was found at the crime scene on the wooden floor with a knife in its back.
Continue reading “The Scales of Justice: Oregon Man Pleads Guilty to Fish Murder”
Thanks to one of my torts students, we have another interesting “dram shop” case. In New Jersey, Christine Mancision has filed a lawsuit after she was hurt by the drunken brother of the bride, Mary Graeber, at a wedding. James Graeber apparently is well named. He grabbed Mancision on the dance floor and ultimately knocked her down, causing her to break her wrist and requiring the insertion of a metal plate to reconstruct the wrist. However, she is not just suing Graeber but Hyatt Hotels Corp. for another $1 million in damages under New Jersey’s “dram shop” law.
Continue reading “The Wedding Crasher: Women Sues Bride’s Brother and Hyatt for Fall at Wedding”
As anyone who has taken my torts class can attest, I collect bizarre torts cases, often falling body cases and res ipsa loquitur cases. One appears to have gotten away a few years ago that a current student just sent in. Charles Everson Jr. and his wife Linda barely escaped injury when a cow fell out of the sky and landed on the hood of their moving minivan. What is most amazing is that I can actually top this story in the airborne bovine category.
Continue reading “Question of the Day: Are Farmers Liable for Cows Falling From Great Heights?”
Iraq war veteran Corporal Matthew Millington, 31, of the Queen’s Royal Lancers, thought that he had beaten the odds when he was told that the hospital had located two new lungs for transplant after his lungs were destroyed by an incurable lung condition. However, instead of dying of the original condition, he died of lung cancer. The two lungs transplanted in his body came from a smoker who had a habit of 30 to 50 roll-up cigarettes a day. Millington who served in the army since his 16th birthday told his wife, “They’ve given me a dud pair” before he died of lung cancer in February.
Continue reading ““A Dud Pair”: Iraq Veteran Dies After Cancerous Lungs Are Used for Transplant”
There is an interesting potential torts case out of Arizona where two people died and 19 people were injured as part of a “sweatbox” ceremony reportedly led by James Arthur Ray, author of the best-selling book “Harmonic Wealth: The Secret of Attracting the Life You Want.”
Continue reading “Spiritual Searing: Two Die and Nineteen Injured in New Age “Sweatbox” Ceremony”