Torts
What Is "Reasonable" Gun Control?
According to the Gun Control Lobbies, Everything, Including Prohibition
Watch out with Dancing; It Might Lead to Sex
Or at least college dancing instruction may create a “heightened risk of sexual misconduct”; a court is allowing an expert to so testify.
No Liability for Parents Over Their Son's Surreptitiously Recording Sex Acts in Their Home
"Suing individuals because they have a homeowner's insurance policy or are collectible defendants is not a proper purpose for a lawsuit."
Schools Owe No Legal Duty "to Former Students to Investigate Allegations of Past Abuse,"
court holds in Speedway Bomber Brett Kimberlin's lawsuit.
Supreme Court Quashes Scientifically Bogus Lawsuits Against Roundup Herbicide
Thousands of lawsuits alleging Roundup causes cancer are likely dead after Supreme Court Monsanto ruling.
No Preliminary Injunction Over Residents' Claim That S.F. Failed to Adequately Police Tenderloin Sidewalks
"[P]laintiffs have failed to respond to the City's evidence that changes in its policies have actually improved conditions in the Tenderloin such that Plaintiffs are no longer at risk of the harms they cited in their motion."
Evidence of Plaintiff's Suicide Excluded in Lawsuit Alleging Threats of Prosecution Aimed at Censoring His Posts About High School Girls' Bathrooms
"Plaintiff has not alleged that Defendants' conduct caused a mental condition in which Mr. McBreairty could not control his suicidal impulses."
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.
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.
