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 […]
Archive | Torts
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 […]
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 […]
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 […]
Will Tort Lawsuits be the Downfall of the NFL?
The National Football League has been the most successful professional sports league in the US over the last several decades. But economists Tyler Cowen and Kevin Grier argue that tort suits over concussion injuries might lead to its downfall: Before you say that football is far too big to ever disappear, consider the history: If […]
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 […]
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 […]
“It Is Highly Questionable Whether Attending Law School Is a Legally Cognizable Injury”
From Duncan v. Klein (Ga. App. Nov. 29, 2011) (some paragraph breaks added), though note that the court’s main rationale is lack of proximate cause, rather than the statement I quoted in the post title: These appeals arise from a legal malpractice case in which Jeffrey W. Duncan claims that lawyer Daniel M. Klein gave […]
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 […]
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 […]
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.” […]
Utah Trial Court Rejects “Negligent Directions” Claim Against Google
The decision is Rosenberg v. Harwood (Utah Dist. Ct. May 27, 2001); it’s two months old, but I just saw it because it was just posted on Westlaw. Here’s an excerpt: Plaintiff Lauren Rosenberg alleges that Defendant Google negligently provided her with walking directions that directed her to cross State Route 224 (SR 224), a […]
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 […]
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 […]
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 […]