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TURKEY TORTS (2020)

JonathanTurley

In celebration of Thanksgiving, I give you our annual Turkey Torts of civil and criminal cases that add liability to libations on this special day (with past cases at the bottom). Indeed, the torts and crimes recorded this year seem painfully reminiscent of this loathsome year. Some things are happily left out of the courts.

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The Case for Punishing ‘Police Bystanders’

The Crime Report

For the sake of civilian safety, police must intervene if they see misconduct by colleagues,, according to a forthcoming paper in the George Washington Law Review. Kaufman writes that Congress and state legislatures should enact criminal laws mandating a “duty to intervene” in their colleagues’ misuse of force.

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Susanna Gibson Alleges that Critics Committed a “Sex Crime” In Exposing Her Alleged Streaming of Sex Acts

JonathanTurley

The Democratic nominee was exposed recently by the Washington Post in streaming sex acts on a site called Chaturbate for money. There are a couple torts that could be raises but neither would be compelling in this circumstance. The second tort is the inclusion upon seclusion. However, this was not a private fact.

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The long conference’s relists

SCOTUSBlog

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The Supreme Court has returned from its summer break and gotten down to business. The court agreed to review a dozen petitions from that conference. Several of them are sequels to earlier high court decisions.

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Police Suggest Possible Charges for Those Who Filmed Rape on Train

JonathanTurley

Generally there is no duty to rescue or to call police under the common law. For example, Washington state allows for the charging of a misdemeanor. The law covers violent crimes, sexual assault, and assault of a child. In torts, there is no duty to rescue rule. Cf: Restatement, Torts, § 322. French, 104 Pa.

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Too Clever By Half: Why Public Nuisance is Again at the Heart of a Public Health Debate

JonathanTurley

Below is my column in the Wall Street Journal on the ongoing opioid litigation and an important ruling out of the Oklahoma Supreme Court. ” The Oklahoma Supreme Court last week struck down a $465 million opioid award against Johnson & Johnson based on a legal theory that has previously been tried and failed against guns.

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Kai Cenat is a Fool, Not a Felon

JonathanTurley

Torts has long struggled with the vicarious liability of promoters and celebrities for accidents. However, the use of criminal charges, in my view, is neither needed nor wise. The defendants insisted that they expected participants to follow the law in seeking the prizes. In the end, Cenat is a fool, but not a felon.

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