But if you do attend law school you can learn why it is perfectly lawful to watch idly while someone struggles not to drown: ”People Offer No Help as Man Struggles in Water.” Fortunately passerby Paul Pinto, possessing the empathy gene lacking from others who were ready to let Dale McNulty drown because they thought [...]
Having discussed the bystander rule in the first week of Introduction to Law and with tort law coming up this week, this chart “of state statutes that impose a duty to rescue crime victims, or report crimes” from The Volokh Conspiracy is timely. The chart covers only ten statutes that apply to the general public, [...]
Some students will remember Griffith v Valley of the Sun Recovery, 126 Ariz. 227 (1980), the case in which the plaintiff was accidentally shot during a botched, chaotic automobile repossession. Valley of the Sun’s employee, Gorney, attempted to repossess a car in the midde of the night after previous attempts ended in violent confrontations and [...]
Tuesday, February 10, 2009
While making an argument that it was foreseeable for a gun to be introduced into a hostile crowd confronting a person they thought to be a car thief, I said in class that there were more guns in the U.S. than people. No one tracks gun ownership so it is impossible to say, but I [...]
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Discussing the claim of tortious interference with contract recently in class I noted the difficulty plaintiffs face in persuading a court that a defendant’s conduct crossed the line between tough but legitimate competition and unlawful interference. I used to spend time on it in class–when I taught at Babson I employed Pennzoil v Texaco as [...]
Black’s Law Dictionary (5th Edition–yes, it’s old) defines attractive nuisance as “an instrumentality, agency, or condition . . . which may reasonably be apprehended to be a source of danger to children . . .” The law requires a person who creates or maintains an attractive nuisance “to take such precautions as a reasonably prudent [...]
Saturday, November 17, 2007
D.C. officials confirmed this week that Administrative Law Judge Roy Pearson was not reappointed. Pearson is the one who sued a dry cleaner for $67.3 million over a pair of lost pants. The case ended poorly for everyone. The court dismissed Pearson’s suit, he lost his job, the dry cleaner’s owners went out of business [...]
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