A Second Round with William Barr on Litigation Over Interstate Pollution
Whatever the merits of climate tort suits (or lack thereof), the argument they are preempted does not hold up.
Torts
Placing Climate Tort Litigation in Context (Updated)
Using tort law for environmental protection has a deeper historical pedigree than does resort to administrative regulation.
William Barr Discovers the Economics of Tort Law (and Misrepresents the Law Governing Interstate Pollution)
Another reply to the former attorney general on climate litigation that may end up in the Supreme Court.
Nothing New Under the Sun, Here as to Rules That Focus on a Defendant's Being Motivated by Ill Will
"[V]ery agreeable to the theorist, but utterly unfit for the practical purposes of society ...."
'Don't You Want To Confirm Who I Am?' a Mistakenly Arrested Grandmother Asked the Marshals. They Did Not.
Penny McCarthy is suing the federal agents who insisted she was a fugitive despite overwhelming evidence to the contrary.
A Teen Killed Himself After Talking to a Chatbot. His Mom's Lawsuit Could Cripple the AI Industry.
A federal court in Florida will consider whether chatbot output is First Amendment-protected speech.
S. Ct. Unanimously Rejects Mexico's Lawsuit Against Smith & Wesson
"A manufacturer of goods is not an accomplice to every unaffiliated retailer whom it fails to make follow the law."
Court Allows Lawsuit Over Character.AI Conversations That Allegedly Caused 14-Year-Old's Suicide
In this post, I'll talk about the court's analysis tentatively rejecting the First Amendment defense, an analysis that I think is mistaken (whether or not some tort claims such as these should be allowed despite the First Amendment).
Tort Law vs. Privacy: Ride-Share Services May Have Duty to Prevent Anonymous Riders
So the Missouri Court of Appeals concludes, in allowing a negligence/design defect case to proceed against Lyft, based on a driver's having been murdered by riders who "fraudulently and anonymously request[ed]" a ride.
Supreme Court Amicus Briefs on Gun Crime in Mexico
Mexico's amici take shots at our brief in Smith and Wesson v. Mexico
The FBI Wrongly Raided This Family's Home. Now the Supreme Court Will Hear Their Case.
Curtrina Martin's petition attracted support from a bipartisan group of lawmakers.
Supreme Court Denies Certiorari in Climate Tort Suits
The justices are not persuaded to intervene in state-law climate litigation.
Are Punitive Damages Available in Publishers' Lawsuit Over Harassment Campaign by eBay Employees?
Fort the answer—or rather, answers—a court has to resolve a choice of law question.
Massive Campaign of Online Insults Can Lead to Intentional Infliction of Emotional Distress Liability
The court also concluded defendant had libeled plaintiff, but the court held that even the nonlibelous expressions of opinion could lead to emotional distress liability. The total verdict of $6.8M.
Should Consumers Expect to Find Bones in "Boneless Wings"?
"Boneless wings" aren't wings, so does that mean they don't have to be boneless either? The Ohio Supreme Court weighs in.
Are State Law Climate Change Tort Suits Preempted by Federal Law?
A recent panel discussion on whether state and local suits against fossil fuel producers are preempted by federal law (and my arguments for why the answer is "no, they are not").
Can't Sue In-Laws for "Undermining" Marriage and Thus Tortiously Inducing Breach of Marriage Contract
This used to be possible under the old "alienation of affections" tort, but all but a handful of states have abolished it, and the tortious inducement of breach of contract tort can't fill that gap.
Netflix Wins Lawsuit Over 13 Reasons Why, on Statute of Limitations Grounds
The plaintiffs claimed that 15-year-old Bella Herndon committed suicide because of the film.
William Barr Responds on American Petroleum Institute v. Minnesota
The former Attorney General disagrees with me on whether state and local government climate change lawsuits belong in federal court.
Nirvana Nevermind Cover Baby's Child Pornography Lawsuit Isn't Barred by Statute of Limitations,
the Ninth Circuit rules, though expressly noting that "The question whether the Nevermind album cover meets the definition of child pornography is not at issue in this appeal."
Is Climate Change Going Back to the Supreme Court? (Minnesota Edition) [UPDATED]
The justices are considering whether to grant certiorari in Minnesota's lawsuit against energy companies.
Did Chuck Schumer Just Come Out Against Top-Down AI Licensing?
"Duty of care has worked in other areas," the senator said, "and it seems to fit decently well here in the AI model."
Journal of Free Speech Law: "Section 230 Won't Protect ChatGPT," by Prof. Matt Perault
Just published, in our symposium on Artificial Intelligence and Speech; more articles from the symposium coming in the next few days.
Journal of Free Speech Law: "Negligent AI Speech: Some Thoughts About Duty," by Prof. Jane Bambauer
Just published, in our symposium on Artificial Intelligence and Speech; more articles from the symposium coming in the next few days.
Colorado Ban on Any Law "Retrospective in Its Operation" Means Old Sex Assault Claims Can't Be Revived
The Colorado Supreme Court holds that the state constitution precludes revival of claims on which the statute of limitations has expired.
