Protests, Roadways, and Liability
(1) Black Lives Matter demonstrations. (2) Trump-fans-vs.-Biden-bus demonstrations.
Torts
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.
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?
When Does the First Amendment Preempt Negligence Liability?
More on Doe v. Mckesson, the Baton Rouge Black Lives Matter case.
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).
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.
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.
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.
When Are Athletes Liable for Injuries They Cause?
Plus a side note on Mormon church basketball.
The Tort of Loss of Sepulcher
I'll bet you never studied this (at least under this name) in your 1L Torts class.
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?
Court Throws Out Season Ticket Holder's Lawsuit Over Football Anthem Protests
A creative legal theory, roundly rejected.
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.
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.
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.
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.
