Archive | Torts

Suing a Spouse — or a Lover — for Cheating (or Other Lies or Failures to Disclose)?

From Neal v. Neal (Idaho 1994): Mary Neal contends that she has alleged a prima facie case of battery against Thomas Neal. Her battery claim is founded on her assertion that although she consented to sexual intercourse with her husband during the time of his affair, had she known of his sexual involvement with another […]

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Intentional Tortious Interference with Parental Rights

An interesting Virginia Supreme Court decision, Wyatt v. McDermott (Va. Apr. 20, 2012), recognizes this right. An excerpt (paragraph breaks added): John M. Wyatt, III, is seeking monetary damages for the [alleged] unauthorized adoption of his baby, herein referred to as E.Z. E.Z. is the biological daughter of Wyatt and Colleen Fahland, who are unmarried […]

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Federalism and Tort Reform Revisited

Andrew Cochran of the 7th Amendment Advocate (who is also a representative of the organized trial bar), reports that the House is likely to vote on a Republican bill restricting state medical malpractice lawsuits next week. He cites several conservative and libertarian legal commentators who oppose federal tort reform on constitutional grounds, including myself and […]

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Should Host Have Legal Duty to Warn Guests That the Host Has Been Threatened by Criminals?

In Apolinar v. Thompson (Tex. Ct. App. 1992), Charles Thompson invited Roger Apolinar to house-sit while Thompson was out of town. While staying at Thompsons’ house, Apolinar was attacked by some third party. Apolinar sued, claiming that “Thompson had received harassing phone calls and threats and, therefore, Thompson had a duty [as property owner] to […]

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Felon Steals Gun, Accidentally Kills Himself, Estate Sues Owner and Gun Manufacturer

But I’m happy to say that today’s Ryan v. Hughes-Ortiz (Mass. App. Ct. Jan. 6, 2012) throws out the lawsuit: In November, 2001, [Charles] Milot was released on probation from the Billerica house of correction after an incarceration of about eighteen months. [Thomas] Hughes testified in his deposition that he helped Milot to get reestablished […]

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Battery Case Against Kobe Bryant May Proceed

So holds the Sixth Circuit in Geeslin v. Bryant (6th Cir. Dec. 22, 2011), reversing the trial court. An excerpt: Geeslin and a friend attended a professional basketball game at the FedEx Forum in Memphis, Tennessee on November 14, 2005…. While Geeslin and his friend were seated in their courtside seats, a Lakers player recovered […]

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Pro-Violence Political Groups’ “Negligent Selection” Liability for Criminal Actions by Members Engaged in Group Activities

Edwards v. Gruver (Ky. Ct. App. Oct. 14, 2011) (2-1 vote) involves an especially vile group — a KKK organization. But the principle potentially extends considerably more broadly, to justify imposing massive liability on a wide range of political groups whose ideologies in some situations encourage violence, and whose members indeed act violently while advocating […]

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Intentional Torts Problem

Here’s a practice problem I distributed to my Torts students; we’ll discuss it at a review session tomorrow. Intentional Torts Problem Alexander Pushkin learns that George D’Anthès, who is Pushkin’s next-door neighbor — and husband of Pushkin’s wife’s sister, Catherine Goncharova — is having an affair with Pushkin’s wife, Natalia Goncharova. Pushkin considers fighting a […]

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Adult Children Sue Mother, for Allegedly Having Been Really Mean

No, really. From Miner v. Garrity (the excerpt is long, because I wanted to include all the allegations quoted by the court); thanks to Dan Gifford for the pointer: Adult children brought suit against mother, raising claims of intentional infliction of emotional distress and negligent infliction of emotional distress as a result of “bad mothering.” […]

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Olson on Federalism and Med-Mal Reform

Over on Cato@Liberty, Walter Olson joins the discussion on federalism and medical malpractice reform started by our own Randy Barnett and continued by Ilya Somin. Olson makes the important point that federalism is not about keeping as much authority as possible in state hands, nor does a commitment to federalism require leaving state courts alone […]

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Federalism and Tort Reform

The Hill has an interesting article about co-blogger Randy Barnett’s constitutional critique of GOP efforts to impose federally mandated tort reform on the states [HT: Instapundit]: Opponents of a House medical malpractice bill are trumpeting an attack on the legislation from a prominent conservative lawyer. Georgetown University law professor Randy Barnett accused the GOP of […]

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Second Circuit reverses Judge Weinstein’s order against firearms stores. Concurrence harshly rebukes him.

City of New York v. Mickalis Pawn Shop was recently decided by a unanimous 3-judge panel of 2d Circuit Judges Sack and Wesley, plus Judge Eaton (Court of International Trade) sitting by designation. The case began several years ago when New York City Michael Bloomberg brought a public nuisance lawsuit against several firearms stores located […]

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