Joke or Tort: Elevator Prank Raises The Question of Liability After The Laughs

We have previously discussed the potential liability stemming from pranks. This video sent to me by a former student seems the perfect avenue for an infliction of emotional distress claim or negligence claim after inducing a heart attack in the subject.

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Illinois Murderer Seeks New Trial Based On The Alleged Conduct Of Defense Counsel . . . In The Peterson Trial

There is an interesting argument raised in a motion for a new trial for convicted murderer, Christopher Vaughn (left). Vaughn was convicted this summer in less than an hour in the killing of his family. Vaughn however is talking about the murder trial of another defendant, Drew Peterson (right). He is arguing that the conduct of the Peterson attorneys was so public and obnoxious that it tainted his own case before the jury.

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Cook County State Attorney Anita Alvarez Loses Bid To Allow Jailing Of Citizens Who Film Police In Public

Cook County State’s Attorney Anita Alvarez failed in her latest effort to strip citizens of a basic right to film police in public — and thereby eliminate the single most effective tool against police abuse in this century. The Supreme Court refused her appeal of the ruling of the United States Court of Appeals for the Seventh Circuit, which expressly criticized Alvarez for her “extreme” position on the rights of citizens. As a native Chicagoan, I remain astonished that citizens have allowed Alvarez to remain in office as she has publicly sought to strip them of their rights and block a tool that has been used repeatedly to show police abuse. For a leading and generally liberal jurisdiction, Chicago has the ignominy and dishonor of leading the effort to fight core civil liberties in this area.

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Autopsy Shows California Man In Roach-Eating Contest Choked To Death

We previously discussed the untimely and untidy death of Edward Archbold, 32, who collapsed after winning the title as the world champion roach eater. We speculated about the possibility of liability for a “bad roach.”
The autopsy is now in on Archold and the finding is that he choked to death on the roaches.

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Two And A Half Men . . . And A Hypocrite

Angus T. Jones has a curious way of demonstrating his deep Christian faith. Jones is shown in a new video denouncing the show “Two and a Half Men” as “filth” and a danger to Christian children and values. The problem is that Jones plays Jake Harper on the show and receives a reported $350,000 an episode. You may recall that Charlie Sheen was kicked off the show for making disparaging comments about the show and “dangerously self-destructive conduct.” While Sheen was not fired under a “morality clause,” such provisions are common in television contracts. Could denouncing the show as immoral violate the Morality Clause?
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TURLEY BLOG MAKES ABA TOP 100 — NOW IT IS TIME TO VOTE FOR THE TOP BLOG!

The ABA Journal has released its list of the top 100 legal blogs in the world and we are once again in this august group of blogs. Congratulations to all of our regulars contributors and weekend bloggers. We have previously taken the top spot under the opinion category in the past but the ABA has now eliminated that category. Even more ominous was the decision to put the largest blogs in direct competition under an expanded “News/Analysis” category. This includes the long dominant “Above the Law” site. We would have to punch considerably above our weight to beat “Above the Law,” which is ranking regularly in the top two most visited legal sites in the world. Frankly, it is like a dingy going up against a battleship. However, we have never flinched in the face of superior numbers. So it is time to vote! It takes a very quick registration. Just click here and cast your vote today!

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California Man Arrested For Filming Police In Public

We have been discussing the continued effort of prosecutors and police to jail citizens who photograph or videotape police in public. For a prior column, click here. Now, in California, another such arrest has been videotaped in California as Daniel J. Saulmon was charged with resisting, delaying and obstructing an officer when the video shows him standing at a distance and not interfering in any way with the arrest.

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Rufus’ Revenge: Alabama Lawyer Accused Of Slitting Family Dog’s Throat And Sending Picture To Estranged Wife

Alabama lawyer James Stewart Robinson, 45, just may be the lawyer Michael Vick was looking for. Robinson has been charged with cruelty to a dog after he allegedly slit the throat of his family’s pet pit bull and then texted a photo of the dead dog to his estranged wife. The two are in the midst of a bitter divorce and had been arguing of custody of the dog, named Rufus.

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Robertson: Atheists Want People To Be Miserable And To Steal “Your Holiday”

We have previously discussed the war on atheists and agnostics that seems to be accelerating with the rise of people claiming to have no religious affiliation or belief in God in the United States, according to recent polls. There is a steady stream of statements from the national and international campaign by leaders against atheists, who appear to be fair game for hateful, ill-informed rhetoric. While you may have seen this already, Pat Robertson pushed this trend to a new low: telling his many viewers that atheists want to everyone to be miserable because they are miserable. They therefore what “to steal your holiday [Christmas] away from you.”

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As The City Turns Off Street Lights Due To Lack Of Money, Detroit Defaults On $1.1 Million Lawsuit

The City of Detroit has left whole areas without street lighting and even proposed allowing buildings to burn rather than spend the money on fire fighters. However, the city is now facing a $1.1 million default judgment in a civil rights suit after its attorneys failed to respond to the lawsuit.

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Alleged Shoplifter Dies After Struggle With Security and Staff At Georgia Walmart

In torts class, we often discuss the limitations placed on the protection of property under the common law. While many states have passed controversial Castle Doctrines or “Make My Day” laws and others have extended such privilege to use lethal force to cars or workplaces (under Make My Day Better laws), the common law does not allow people to use force calculated to cause serious bodily injury or death in defense of property. Many stores instruct employees not to use physical force with shoplifters for that reason or to try to stop armed robberies (including cases where stores have fired such heroes). It appears that a security officer is out of job after a scuffle with an alleged shoplifter caused the middle-aged suspect to have a heart attack and die outside of a Walmart.

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Massachusetts Strip Club Explodes and Takes Out Church Next Door In Gas Explosion

In class, we often discuss the limitations on liability from fire under the common laws. This weekend showed how extensive, and foreseeable, such damage can be with a gas explosion. On Friday night, a strip club exploded in Springfield, Massachusetts — burning ten buildings including The House of Mercy church next door.

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Truth From The Mouths of Babes

The Gettysburg Address was 272 words and yet stands as one of the most iconic writings in history. We now have a type of Gettysburg Address of our generation. In just 137 words (almost 40 fewer words than Lincoln), this elementary student writes a moving call to arms coupled with a sense of deep sorrow. Like Lincoln, the student expresses profound pain of a nation with simple penetrating prose.

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The Case of the Confidential Police Confetti

Submitted by Elaine Magliaro, Guest Blogger

Confetti rained down upon people who had gathered in New York City to watch Macy’s Thanksgiving Day Parade on Thursday. Some onlookers were surprised—and alarmed—when they discovered shredded police documents among the colorful confetti that had fallen from above. The documents contained confidential information that was still legible. The “police confetti” included the “social security numbers and banking information for police employees, some of whom are undercover officers.”

Tufts University freshman Ethan Finkelstein and a friend noticed that a strip of confetti that had landed on his friend’s shoulder had stuck to her coat. Finkelstein was concerned—“so he and his friends picked up more of the confetti that had fallen around them.” Finkelstein said, “There are phone numbers, addresses, more social security numbers, license plate numbers and then we find all these incident reports from police.”

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