The Scales of Justice: Oregon Man Pleads Guilty to Fish Murder

260xStory180px-Betta_splendens_paleIt 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”

Eagle Scout Suspended for Having 2-Inch Pocketknife Locked in Car

293499_GThe same week as the horrendous story of a six-year-old cub scout being suspended and sent to reform school for bringing his cub scout mess kit to eat lunch (here), New York educators have added another ridiculous case out of the “zero tolerance” madness gripping schools. Matthew Whalen is a 17-year-old senior at Lansingburgh High School who has just completed basic training to be a soldier. He kept a 2-inch keychain pocketknife locked in his car with other camping equipment. When the school learned about the knife, they suspended him and, when he appealed, they added 15 days for the Eagle Scout.
Continue reading “Eagle Scout Suspended for Having 2-Inch Pocketknife Locked in Car”

The Wedding Crasher: Women Sues Bride’s Brother and Hyatt for Fall at Wedding

200px-Wedding_crashers_posterThanks 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”

Question of the Day: Are Farmers Liable for Cows Falling From Great Heights?

black-and-white-cow-3As 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?”

Sotomayor Joins Conservative Colleagues Over Possible Constitutional Claims by Corporations in Class Action Cases

250px-Sonia_Sotomayor_in_SCOTUS_robeIn light of today’s column on cases testing Sotomayor’s views (and possible alliance with conservatives in key areas), this story may be of some interest. Sotomayor joined Chief Justice john G. Roberts, Jr. and Justice Anthony Kennedy in raising concerns over whether courts are violating the constitutional rights of corporations in class action cases.
Continue reading “Sotomayor Joins Conservative Colleagues Over Possible Constitutional Claims by Corporations in Class Action Cases”

Attorney Orly Taitz Fined $20,000 for Frivolous “Birther” Litigation

orly2The bill is in for Orly Taitz, the California lawyer leading the “Birther” litigation: $20,000 for sanctionable conduct. U.S. District Court Judge Clay Land previously issued a stern warning to attorney Orly Taitz and others in the so-called “birther” campaign: do not file another such “frivolous” lawsuit or you will face sanctions. Land threw out the lawsuit filed on behalf of Capt. Connie Rhodes who is an Army surgeon challenging her deployment orders due to President Barack Obama’s alleged ineligibility to serve as President. Land (a Bush appointee) noted that “[u]nlike in ‘Alice in Wonderland,’ simply saying something is so does not make it so.” In the most recent order, Land said that Taitz’s conduct “borders on delusional.”

Continue reading “Attorney Orly Taitz Fined $20,000 for Frivolous “Birther” Litigation”

Murder, She Spoke: Court Overturns Convictions Due to Prosecutors Use of Defendant’s Nickname “Murder”

gavel2There is an important decision out of the United States Court of Appeals for the Second Circuit where the conviction of Laval Farmer was overturned due to the prosecutors’ repeated use of his nickname “murder.” After all, his nickname is not “Attempted Murder” Farmer, which is what he was tried for. My only regret is that he was not represented by Richard “Racehorse” Haynes so that the prosecutors could have told the jury not to let “a race horse clear murder.”
Continue reading “Murder, She Spoke: Court Overturns Convictions Due to Prosecutors Use of Defendant’s Nickname “Murder””

School Suspends Six-Year-Old For Bringing Cub Scout Kit to School

t25183aSchool officials in Newark, Delaware have given the nation another example of mindless “zero-tolerance” abuse. In this case, officials suspended 6-year-old Zachary Christie because the boy brought his new cub scout camping utensils to school to eat his lunch. Because the utensil had a small knife, he was suspended and ordered to spend the next 45 days in the district’s reform school.

Continue reading “School Suspends Six-Year-Old For Bringing Cub Scout Kit to School”

Tall Tale or Felony Crime? Colorado Man Charged With “Stolen Valor” After Making Up Heroic Stories

strandlof-richRichard Strandlof lived a life of distinction. He spoke to children and the media as a survivor first of the attack on the Pentagon on 9/11 and then survived a roadside bomb that killed four fellow Marines. He will now add a further distinction as a defendant in a rare “stolen valor” prosecution after his claims of service were proven false.

Continue reading “Tall Tale or Felony Crime? Colorado Man Charged With “Stolen Valor” After Making Up Heroic Stories”

Simply Sonia: Sotomayor’s Colleagues Pick Docket Virtually Tailored To Force Her To Choose Sides

250px-Sonia_Sotomayor_in_SCOTUS_robe Here is this week’s column from Roll Call. It explores the interesting selection of cases this term for the Supreme Court. Justice Sonia Sotomayor’s colleagues could not have selected cases more carefully to address areas of uncertainty from her confirmation hearing. Whether by accident or design, this docket is front-loaded with cases that will force Sotomayor to show her true colors in the first few months of her tenure as an associate justice.
Continue reading “Simply Sonia: Sotomayor’s Colleagues Pick Docket Virtually Tailored To Force Her To Choose Sides”

Question of the Day: Besides Woody Allen, Who Is The Last Guy Polanski Would Want as a Character Witness?

180px-Frédéric_Mitterrand_2008-1It appears that when I suggested Woody Allen was the last person Polanski who want as an advocate (here), I spoke too hastily. As the French continue their campaign to force the return of Roman Polanski to their country (and avoid extradition to the United States for his rape of a 13-year-old girl in 1997), a new controversy has emerged from the Sarkozy government. The culture minister advocating for the famed director is the nephew of the late Socialist French president Francois Mitterand — Frédéric Mitterrand. Mitterrand appears to have more than a platonic interest in the underlying controversy.

Continue reading “Question of the Day: Besides Woody Allen, Who Is The Last Guy Polanski Would Want as a Character Witness?”

Netanyahu Vows to Block Any War Crimes Trial of Israeli Official

225px-BenjaminNetanyahu125px-flag_of_the_united_nationssvgIsraeli Prime Minister Benjamin Netanyahu has vowed not to allow any Israelis to stand trial for war crimes even if demanded by the United Nations or world court. It is a position that defies the entire basis of international legal process created by the Nuremberg Tribunals since no country has a right to determine its own innocence. As previously noted, the Goldstone Commission found credible evidence of war crimes in the Gaza campaign.

Continue reading “Netanyahu Vows to Block Any War Crimes Trial of Israeli Official”

Drop Kick Me Jesus Through the Goal Post of Life: School Board to Meet on Christian Cheerleader Controversy

150px-Enloecheer210px-Meister_des_Reliquienkreuzes_von_Cosenza_002This week, the Catoosa County School Board in Ringgold, Georgia will meet on controversy over the cheerleaders of Georgia’s Lakeview-Fort Oglethorpe High School who use Biblical verses as part of their displays to root for the football team to “commit to the Lord” and “take courage and do it.”
Continue reading “Drop Kick Me Jesus Through the Goal Post of Life: School Board to Meet on Christian Cheerleader Controversy”

Bountiful Birth: Utah Man Misses Birth of Child After Being Arrested for Groping the Delivery Nurse

20091009__nurseassault_1010~P1_200Adam Jay Manning of Bountiful, Utah is not exactly going to be picked as Daddy of the Year. Indeed, when his kid asks where Manning was when he was born, he will be able to proudly state “I was in jail for groping the delivery nurse.”

Continue reading “Bountiful Birth: Utah Man Misses Birth of Child After Being Arrested for Groping the Delivery Nurse”