Sunday, September 10, 2023

Idaho joins the modern trend that requires proof of "the case within the case" in legal malpractice cases based on alleged negligence in litigation

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 I have to confess that I assumed that, as part of the analysis of cause in fact, all states required a plaintiff in a legal malpractice cas...
Sunday, September 3, 2023

Rudy, that's not how anything works, Part III: Giuliani found liable for defamation by default

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A few days ago, I posted a story questioning why Rudy Giuliani would concede the main elements of a cause of action for defamation he had be...
Tuesday, August 15, 2023

Illinois statute eliminates ban on punitive damages in death cases

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 Back in May I reported that the Illinois General Assembly was considering a bill that would allow plaintiffs to seek punitive damages in ca...
Wednesday, August 9, 2023

Rudy, I told you that's not how things work!

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 Last Friday I posted a story about how Rudy Giuliani attempted to prevent having to comply discovery in a defamation case by conceding all ...
Friday, July 28, 2023

Why would Rudy Giuliani concede the elements of a defamation claim against him?

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Last Tuesday Rudy Giuliani filed a  two-page stipulation  in a long-running defamation lawsuit by two Georgia election workers stating that ...
Monday, July 24, 2023

With all this talk about "AI", where does Tort law fit in?

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Christopher Robertson (Boston University) has published a very good short piece in The Hill explaining how Tort Law is, and will continue to...
Friday, June 30, 2023

Court of Appeals for the Fourth Circuit finds that TSA screeners are subject to liability under the Federal Torts Claims Act

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 As reported in the TortsProf blog:  The Fourth Circuit has now joined the Third and Eighth Circuits in holding that TSA screeners are subje...
Saturday, June 10, 2023

OpenAI Sued For Defamation Over Statements Created by ChatGPT

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It has finally happened: someone has sued ChatGPT maker OpenAI over an AI “hallucination” (i.e., confidently spewing out something that is b...
Thursday, June 1, 2023

Federal Court denies motion to dismiss, allowing claim for emotional distress based on pre-impact terror to move forward

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As reported in Day on Torts : A federal judge in Chicago has agreed to allow a jury to consider whether airplane crash victims experience pr...
Saturday, May 27, 2023

More coverage of Tort reform in Florida

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I recently posted a note about Tort Reform in Florida.  See here . The TortsProf blog has more coverage and links here .