Southern District of New York Judge Denny Chin has handed down an important torts ruling. Lawyer (and former boyfriend of Anna Nicole Smith) Howard K. Stern sued tabloid journalist Rita Cosby for allegedly defaming him in her book “Blond Ambition: The Untold Story Behind Anna Nicole Smith’s Death.” Chin has ruled that being called a homosexual is not defamation per se.
Continue reading “Federal Judge Rules Homosexuality Not Per Se Category of Defamation”
Category: Torts
For most prosecutors, it would seem an easy criminal case. Daniel Lira, 32, was working inside Wal-Mart’s loading dock area when he got into an argument with co-worker Craig Schmidt, 49. He ended up hitting Schmidt in the face. Schmidt responded by pulling out a .25-caliber semiautomatic Beretta handgun and shooting Lira in the head from as little as 10 feet away. Yellowstone County Attorney Dennis Paxinos, however, released Schmidt in light of Montana’s “castle doctrine law” which allows citizens to use potentially lethal force in self-defense — despite the escalation in the level of force by Schmidt from a fist fight to a shooting.
Continue reading “Montana Police Release Man Who Shot Co-Worker at Wal-Mart Due to State’s Sweeping “Castle Doctrine” Law”
Criminal defense attorney Ivan J. Bates has filed a $13 million lawsuit against the Baltimore Sun after articles suggested that he engaged in witness tampering and invoked the fifth amendment to avoid incriminating himself in wrongdoing. The Sun is standing by the reporting of journalists Melissa Harris and Julie Bykowicz.
Continue reading “Lawyer Files $13 Million Defamation Lawsuit Against Baltimore Sun”
Janet Schulte has been given a surprising education into the line between crime and courtesy in Melbourne, Florida. Schulte was convinced by a man to change his adult diapers due to his mental disability. After three months, she learned that he was not disabled and simply had a diaper fetish. However, the police insist that there is no crime — treating her as simply a chump who fell for a diaper con.
Continue reading “Pampered: Florida Woman Told That There is No Crime in Man Convincing Her To Change HIs Diapers and Feed Him With a Bottle”
The continuing decline of basic comfort and civility in air travel has been a source of continued complaint on this blog and other sites. Many have complained about how they book a flight with a major airline only to be shoved on to some small puddle jumper run by an unknown carrier. Then there are the horror stories of being held for hours on planes on the tarmac. A new story involving Continental Airlines Flight 2816 combines all of these problems into a nightmare where passengers were left on a plane with malfunctioning toilets overnight after being diverted from their intended airport. They were held overnight because the flight crew was over their limit for flying and the security staff at the airport had gone home for the night.
Continue reading “Flight 2816: Continental Takes Passengers For a Ride”
The D.C. Council members have called for an investigation into the allegations of discovery destruction in the World Bank/IMF case. Given the inquiries into the case, I am posting the recent sanctions material to cut down on calls to my office. I am also posting the transcript from the last hearing. Given my role in the case, I am limited in what I can say about the case.
Continue reading “D.C. Council Members Call for Investigation of Protest Case and Resignation of Attorney General Peter Nickles”
Shock jock Kyle Sandilands is under attack in a shocking incident in Australia. His show is under investigation after Sandilands did an on-air probe of a 14-year-old’s sexual history while she was hooked up to a lie detector. During the questioning by her mother and Sandilands, the girl said that she was raped at 12. Sandilands responded by asking: “Is that the only experience you’ve had?”
Continue reading “Shock Jock Exposes Rape on Air — And His Own Apparent Indifference”
Wisconsin National Guardsmen have filed a highly disturbing civil rights lawsuit against the city of Wisconsin Dells, its police chief and three officers. The complaint alleges that police officers Wayne W. Thomas and Collin H. Jacobson forced the two gulf war veterans to lick what was believed to be their own urine off the street in an alley as well as eat a plant believed to be doused with urine. Wisconsin Dells called itself the “waterpark capital of the World.”
Continue reading “Wisconsin Dells is Sued by National Guardsmen Who Claim that They Were Forced to Lick Up Urine in Alley by Officers”
Trina Thompson does not feel that she got a sheepskin from Monroe College — just skinned. Thompson, 27, has sued after she failed to get a job and wants her $70,000 back.
Continue reading “Graduate Sues College After Failing To Get Job”
Now, this is a rare rape case. The female defendant is accused of raping a man in front of witnesses with a sex toy and then admits to the penetration but insists that it was a joke. That is the case of stripper Maree Naggs who was arrested after a “buck’s party” (bachelor party) in Australia.
Continue reading “Naggs at a Buck Party: Stripper Arrested for Rape Insists that Use of Sex Toy Was “Joke””
Fixodent is having trouble convincing some customers that its denture cream allows them to “Enjoy Life Without Worrying About Dentures.” There are a growing number of lawsuits alleging zinc poisoning and neurological injuries linked to Fixodent denture adhesive cream. Procter & Gamble insists that there is no connection between its product and these injuries. With more than 35 million Americans using denture creams, the potential level of liability is considerable. This does not include the variety of zinc-based products in other areas.
When Ruth Madoff recently agreed to a deal with prosecutors under which she would retain millions, we expressed outrage and opined on the possibility of a civil “clawback” lawsuit. It has now happened. Court-appointed trustee Irving Picard accuses Madoff of a “life of Splendor” funded by illegally gained funds from her imprisoned husband Bernard Madoff. Ruth was last seen cringing on to a fur coat as she was being thrown out of a Manhattan $7 million penthouse when it was seized by agents.
Amy and Fred Denegri allege that they were a bit surprised at their Florida beach house when Fred complained about a funny taste in his Diet Pepsi and was a wee bit surprised to find a mouse in the can. We can now understand Pepsi’s old slogan: “It’s the Cola”/”Dare for More”
Continue reading “High-Protein Pepsi: Florida Couple Claims to Find Dead Mouse in Soft Drink”
Amanda Bonnen thought that she was merely expressing herself when she posted a public tweet on Twitter on May 12th complaining about mold in her Chicago apartment. The Horizon Group Management company has responded by suing her for defamation in a rare tweet tort by a business. However, tortious tweets are finding their way into court as the basis for liability claims.
Continue reading “Tweety Tort: Chicago Tenant Sued for Defamation After Sending Moldy Tweet”
Cambridge Police Sergeant James M. Crowley is considering a defamation lawsuit, according to his lawyer. The possibility of a lawsuit adds an intriguing element to this controversy over the arrest of Harvard Professor Henry Louis Gates Jr. The Massachusetts Police Commissioner Robert Hass has also come out to criticize the comments of President Barack Obama denouncing the actions of the police as “stupidity” and suggesting that it was a case of racial profiling.
Continue reading “Report: Sgt. Crowley Considering Defamation Lawsuit in Gates Controversy”