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Showing posts with label battery. Show all posts
Showing posts with label battery. Show all posts
Friday, October 7, 2022

Reversal in eldercare case highlights limits of qualified immunity, low injury threshold of intentional torts

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Boston police officer assists an elderly pedestrian in 2014. (Alex Klavens CC BY 2.0 via Flickr ) A dispute over elder care occasioned trea...
Monday, September 21, 2020

Man may sue police in tort, civil rights for violent beating, despite his conviction for resisting arrest

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" Defund the police " has been a rallying cry in recent protests. ( Photo at BLM encampment, New York City, June 26, 2020, by Fel...
Saturday, September 12, 2020

Defamation case against Trump fits woeful pattern, while DOJ defense is defensible, if disconcerting

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Notice of Removal in Carroll v. Trump The recent news ( e.g ., N.Y. Times ) that the Department of Justice (DOJ) will defend the President ...
Monday, August 31, 2020

Horrors at Oak Ridge Psychiatric amounted to assault, battery, but lacked intent for IIED, Ontario court rules

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From 1963 to 1988, patients involuntarily committed to the maximum-security Oak Ridge Mental Health Centre at Penetanguishene, Ontario, were...
Friday, August 28, 2020

Conditions of criminal pretrial release shouldn't abate civil abuse prevention order, Mass. court rules

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In a decision today, the Massachusetts Appeals Court reversed and remanded a trial judge's refusal to extend an abuse prevention order. ...
Friday, April 3, 2020

Battery, IIED in play if medical staff ignore patient's 'stop,' court rules

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Medical professionals may be liable for battery and intentional infliction of emotional distress for failing to heed a patient's withdra...
Sunday, September 22, 2019

Teachable torts, Rugby World Cup edition: When battery exceeds consent in sport

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More than once over the years, I've received student-evaluation feedback complaining that my use of sport cases and hypotheticals in 1...
Wednesday, September 11, 2019

Teachable torts, Patriots edition: Civil complaint against Antonio Brown

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Antonio Brown in 2014 (by Brook Ward CC BY-NC 2.0 ) New England news is afire today over the civil lawsuit filed against NFL Patriots ...
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Tuesday, August 27, 2019

Minhaj: With tort impunity, cruise lines externalize risk, costs to workers, passengers, environment

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One of my favorite comedians—saw him perform Homecoming King at intimate Cherry Lane in NYC in 2016— Hasan Minhaj (self-described "s...
Tuesday, August 13, 2019

Student prevails in part in UMass Amherst due process disciplinary case in First Circuit

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Last week the First Circuit held in favor of a student accused of a violent assault; however, the court largely upheld as constitutional th...
Tuesday, February 27, 2018

City not liable for bullying that resulted in child's quadriplegia, Mass. supreme court holds (and note on infantilization of faculty in higher ed)

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The Massachusetts Supreme Judicial Court (SJC) affirmed application of the Massachusetts Torts Claims Act (MTCA) to protect the City of Lyn...
Sunday, February 11, 2018

'False claims of love': Mass. App. speaks from the heart for Valentine's Day

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Just in time for Valentine's Day, the Massachusetts Court of Appeals rejected a divorcee's lawsuit for "false claims of love....
Monday, September 26, 2016

The NFL and the Dramatic Arts

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Last week, in The Death of Civil Justice , I mentioned Hackbart v. Cincinnati Bengals, Inc ., 435 F. Supp. 352 (D. Colo. 1977), rev’d &am...