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Torts

Free Speech

Amicus Brief as to § 230(c)(1) in Gonzalez v. Google

(Note that this case is about immunity when Internet platforms provide access to material, not the separate question about immunity when Internet platforms block access to material.)

Eugene Volokh |The Volokh Conspiracy | 1.19.2023 2:54 PM

Torts

#TheyLied Malicious Prosecution / Abuse of Process / Emotional Distress Claim Can Go Forward

Eugene Volokh |The Volokh Conspiracy | 11.14.2022 8:01 AM

Torts

The Yaliest of All Torts: Wrongful Interference with Clerkship Opportunities

The Yale Law School DinnerPartyGate lawsuit (Stubbs v. Gerken) can go forward on an interference with prospective business relationships claim, based in large part on the law school's alleged interference with plaintiffs' clerkship opportunities, though the other claims are dismissed.

Eugene Volokh |The Volokh Conspiracy | 9.29.2022 6:55 PM

Climate Change

Third Circuit Rejects Oil Company Efforts to Remove Climate Claims to Federal Court

Five Circuits have considered, and rejected, fossil fuel efforts to get state-law tort and nuisance claims removed to federal court. Will their luck change in the Supreme Court?

Jonathan H. Adler |The Volokh Conspiracy | 8.17.2022 4:05 PM

Torts

Court Rejects Lawsuit Against China over the COVID Pandemic

Eugene Volokh |The Volokh Conspiracy | 7.11.2022 7:23 PM

Free Speech

2d Cir.: Identifying Dissident for Saudi Government Isn't Negligent

Is negligently providing information to a dangerous person comparable to negligently entrusting a gun to a dangerous person (assuming a reasonable person would have realized the person was dangerous)?

Eugene Volokh |The Volokh Conspiracy | 7.11.2022 8:31 AM

Privacy

Will Your "Smart" Devices and AI Apps Have a Legal Duty to Report on You?

Eugene Volokh |The Volokh Conspiracy | 6.18.2022 1:30 PM

Torts

Lawsuit Against Kevin Spacey for Allegedly Touching Minor's "Intimate Parts" Can Proceed

Under N.Y. law, the court holds, a jury could find that the alleged touching could qualify as touching of "intimate parts," based on its context.

Eugene Volokh |The Volokh Conspiracy | 6.6.2022 3:37 PM

Criminal Justice

#TheyLied Lawsuit Over Allegedly False Stalking/Assault/Etc. Report to Police Can Go Forward

Eugene Volokh |The Volokh Conspiracy | 5.19.2022 4:32 PM

Torts

Second-Hand COVID Claims Aren't Barred by Worker's Compensation Law

Eugene Volokh |The Volokh Conspiracy | 1.11.2022 10:56 AM

Self-Defense

Could Kyle Rittenhouse Be Sued for Negligence?

Eugene Volokh |The Volokh Conspiracy | 11.20.2021 12:34 PM

Free Speech

Litigation Torts

Eugene Volokh |The Volokh Conspiracy | 7.1.2021 1:37 PM

Free Speech

No Heckler's Veto: Court Reverses $1.5M Nuisance Verdict Against Abortion Clinic, Which Was Chiefly Based on Actions of Protesters and Arsonists

A new decision from the Georgia Court of Appeals.

Eugene Volokh |The Volokh Conspiracy | 6.14.2021 2:16 PM

Torts

Judging Autonomous Vehicles

Research conducted with sitting judges suggests that autonomous vehicles will be judged more harshly than conventional vehicles.

Jeffrey Rachlinski and Andrew Wistrich |The Volokh Conspiracy | 6.8.2021 8:02 AM

Torts

Wrongly Ejecting Teenager from Sports Club for Sexual Misconduct May Be Intentional Infliction of Emotional Distress,

if it's done without adequate investigation, and as a means of retaliating against the teenager's parent.

Eugene Volokh |The Volokh Conspiracy | 5.28.2021 9:03 AM

Torts

Can Conspiring to Engage in a Legal Act Be Actionable "Civil Conspiracy"?

An interesting discussion of the question—with a vivid example—in a South Carolina case.

Eugene Volokh |The Volokh Conspiracy | 5.24.2021 4:14 PM

Torts

California Court Refuses to Apply Iranian Law, in Part Because It Reflects Religious Ideology Rather Than Economic Interest

Plaintiff had been an Iranian citizen exposed to asbestos in Iran, from 1959 to 1979; he then moved to California (after defendants' negligent conduct took place), and developed mesothelioma and died.

Eugene Volokh |The Volokh Conspiracy | 4.2.2021 2:39 PM

Torts

Man Wins Suit vs. Parents Who Threw Away His Porn Collection (or, How Pornography Is Like Wine)

The interesting legal issue is whether the parents converted his property "for [their] own use," thus entitling him to three times the actual damages under Michigan law.

Eugene Volokh |The Volokh Conspiracy | 12.20.2020 1:41 PM

Abortion

Heckler's Veto: $1.5 Million Nuisance Verdict Against Abortion Clinic, Chiefly Based on Actions of Protesters and Arsonists

The same logic could apply when churches, synagogues, mosques, bookstores, gun stores, fur stores, and similar places are targeted by their enemies. We've filed an amicus brief before the Georgia Court of Appeals, in support of getting the verdict reversed.

Eugene Volokh |The Volokh Conspiracy | 12.15.2020 11:30 AM

Free Speech

Protests, Roadways, and Liability

(1) Black Lives Matter demonstrations. (2) Trump-fans-vs.-Biden-bus demonstrations.

Eugene Volokh |The Volokh Conspiracy | 11.3.2020 1:13 PM

Free Speech

Supreme Court Sends DeRay Mckesson Black Lives Matter Protest Case Down to the Louisiana Supreme Court

The Court avoids, at least for now, the First Amendment question by instructing the Fifth Circuit to ask the Louisiana Supreme Court to decide whether Louisiana state law even allows negligence liability in the case.

Eugene Volokh |The Volokh Conspiracy | 11.2.2020 1:10 PM

Crime

Zip-Lining: Not an "Essential Service"

Eugene Volokh |The Volokh Conspiracy | 6.5.2020 7:28 PM

Crime

Should Congress Preempt Coronavirus Liability for Businesses That Reopen?

Even after the shutdown orders are lifted, businesses may fear liability if they reopen and someone supposedly gets sick as a result—when Congress concludes reopening is safe, should it block such liability?

Eugene Volokh |The Volokh Conspiracy | 4.13.2020 9:45 AM

Volokh Conspiracy

More Fifth Circuit Opinions in Doe v. Mckesson, the Baton Rouge Black Lives Matter Protest Case

Eugene Volokh |The Volokh Conspiracy | 1.30.2020 11:24 AM

Volokh Conspiracy

When Does the First Amendment Preempt Negligence Liability?

More on Doe v. Mckesson, the Baton Rouge Black Lives Matter case.

Eugene Volokh |The Volokh Conspiracy | 12.20.2019 8:01 AM

Volokh Conspiracy

Negligence Claims Brought Against Protest Organizers: More on the Tort Law Side of Doe v. Mckesson,

the Baton Rouge Black Lives Matter case (in which Judge Don Willett has just switched to dissenting, and in which a cert. petition has been filed with the U.S. Supreme Court).

Eugene Volokh |The Volokh Conspiracy | 12.19.2019 11:29 AM

Volokh Conspiracy

Grandmother's Tirade to 13-Year-Old Granddaughter, Blaming Her for Being Raped, Leads to Tort Liability

The California Court of Appeal upheld a $900,000 intentional infliction of emotional distress verdict against the grandmother, who had cofounded the Trinity Broadcasting Network.

Eugene Volokh |The Volokh Conspiracy | 9.25.2019 8:01 AM

Crime

Lawsuit Against Rappers for Attack by Their Employees in Sneaker Store

The defendants are "Stunna 4 Vegas" and "Dababy"-run company Billion Dollar Baby Entertainment, LLC.

Eugene Volokh |The Volokh Conspiracy | 8.18.2019 8:06 PM

Volokh Conspiracy

Legal Duty to Report Your Coworkers' Off-the-Job Crimes?

A New Jersey appellate court said a co-worker relationship (if long-lasting and close enough) "would be adequate to fairly warrant the imposition of a duty to act." The New Jersey Supreme Court declined to opine on this, and instead concludes that such a duty wouldn't be triggered on the facts of this case.

Eugene Volokh |The Volokh Conspiracy | 7.22.2019 1:56 PM

Volokh Conspiracy

When Are Athletes Liable for Injuries They Cause?

Plus a side note on Mormon church basketball.

Eugene Volokh |The Volokh Conspiracy | 7.17.2019 11:20 AM

Volokh Conspiracy

The Tort of Loss of Sepulcher

I'll bet you never studied this (at least under this name) in your 1L Torts class.

Eugene Volokh |The Volokh Conspiracy | 7.16.2019 12:38 PM

Volokh Conspiracy

Court Rejects "Scary Dexter" Lawsuit

Eugene Volokh |The Volokh Conspiracy | 2.7.2019 11:27 AM

Torts

Dog Nips Cow, Cow Tramples Man

If a statute imposes strict liability for dog bites, does that extend to a herding dog nipping at a cow that then trampled the plaintiff?

Eugene Volokh |The Volokh Conspiracy | 2.4.2019 11:06 AM

Volokh Conspiracy

Court Throws Out Season Ticket Holder's Lawsuit Over Football Anthem Protests

A creative legal theory, roundly rejected.

Eugene Volokh |The Volokh Conspiracy | 12.3.2018 8:03 AM

Crime

Legal Duty to Report Your Coworkers' Off-the-Job Crimes?

That's what a New Jersey appellate court seems to have created, based on the theory that a criminal's coworkers somehow have a special duty to the victim -- even when the crime has nothing at all to do with the job.

Eugene Volokh |The Volokh Conspiracy | 8.1.2018 8:16 AM

Crime

Lawsuit Against Snapchat Encouraging Speeding Can Proceed

The Georgia Court of Appeals rejected Snapchat's federal 47 U.S.C. sec. 230 defense, though Snapchat may still win under Georgia law.

Eugene Volokh |The Volokh Conspiracy | 6.6.2018 8:17 PM

Torts

Do Landlords Have a Duty to Evict Drug-Using Tenants (or Face Liability if Guests Die When Using Drugs with Them)?

The North Dakota Supreme Court says "no," but one judge dissents.

Eugene Volokh |The Volokh Conspiracy | 5.22.2018 8:09 AM

Crime

The Case of the Rabid Mongoose

Rikki-Tikki-Tortious?

Eugene Volokh |The Volokh Conspiracy | 2.12.2018 8:17 AM

Volokh Conspiracy

No Lawsuits for Negligent Lobbying

A woman is injured in a car accident supposedly because of bad roadway design decision (a dangerous cut in the median) -- so she sues business that had lobbied county to make that decision.

Eugene Volokh |The Volokh Conspiracy | 12.27.2017 5:20 PM

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