Don’t Damn Me (Libel versus Invasion of Privacy)

With the never-ending Johnny Depp versus Amber Heard trial ongoing in Virginia, libel is all the rage. It’s a hot tort, what with all the crazy talk and nasty, personal name-calling going on everywhere. If offended, keep in mind the standard of proof you may be required to meet. You don’t want a judge making […]

Disinformation: How To Manufacture A “Crisis” & Tort Reform To Solve It

Turns out, politics isn’t the only place where misinformation is used to ply the soil that grows bad ideas. In the 1980’s, health care providers and insurance carriers deliberately and falsely yelled that the sky was falling due to negligence claims and payouts. Their solution? Caps on damages in the most righteous and significant cases. […]

Stare Decisis and The Problem Of Encouraging Lying

Are we supposed to believe that the Justices who have signed on to the draft opinion shouting that Roe was “always” “egregiously wrong” – since it was decided in 1973 (almost fifty years ago) – were truth-telling during their confirmations when they praised Roe as “important” precedent that they’d never really thought about? If so, […]

Earth Day and Shadow Docket Shenanigans

The story on the case of Louisiana v. American Rivers in the Environmental Law Institute is here: Justice Thomas and Shadow Docket Abuse By nonetheless granting relief, the Court goes astray. It provides a stay pending appeal, and thus signals its view of the merits, even though the applicants have failed to make the irreparable […]

I Only Want To Be With You (Hall v. Wilmington Health)

A North Carolina appellate court recently ruled that civil litigants need counsel physically present when they are deposed. This wholesale ban on personal attendance of Defendant’s counsel at depositions of its own employees and witnesses presented the constitutional issue Defendant asserts in this appeal and was not supported by existing law, emergency orders, or evidence. […]

Lee Health Loves Damage Caps, But Only for Itself. Everyone Else Is Expected to Pay Full Freight.

The news is that two Florida public hospitals want in – at the last minute – on the State’s opioid lawsuit. They’re afraid they may get cut off from money available arising out of the opioid prescriptions filled out by their employees. Judge Denies Sarasota Hospital and Lee Health Motion Intervene in Opioid Settlement I’ve […]

In Defense of Jury Trials

The Jury consequently invests the people … with the direction of society.             Alexis de Tocqueville, Democracy in America Yesterday, Sen. Sheldon Whitehouse (D-RI) used a lot of his time during the Ketanji Brown Jackson nomination hearing to champion the Constitutionally protected 7th Amendment right to a jury trial. He argued that SCOTUS, the Chamber of […]

Gimme Back My Bullets (The Beginning of the End for Gun Manufacturer Immunity?)

Maybe the worst example of special protections purchased by wealth and power is the National Rifle Association’s death grip on the national legislature over the last few decades: blocking any meaningful regulation of sales and passing federal legislation granting certain immunities from civil suit. Perhaps the timing is a coincidence, but as the NRA’s power, […]