- Over at Torts blog, Professor Bernabe has a great post on Snyder v. Phelps, the Supreme Court case decided this week that said the funeral protests of the Westboro Baptist Church are protected by the First Amendment. What does the First Amendment and constitutional law jurisprudence have to do with torts?
Well, lots, as Professor Bernabe points out. This case arose after the father of Lance Cpl. Matthew Snyder filed a lawsuit against the Westboro Baptist Church for money damages. The basis of that lawsuit was a tort action – intentional infliction of emotional distress. Torts isn’t all personal injury, you know.
- AbnormalUse has a great and easily comprehensible review of last week’s Supreme Court preemption opinions. AbnormalUse manages to square the circle by reconciling Williamson v. Mazda and Geier v. Honda. If Gallivan, White & Boyd made up the Supreme Court, we’d probably see an even stronger pro-defense bias on the Court but the Court’s preemption jurisprudence would be a lot more lucid.
- Eric Turkewitz demolishing New York’s proposal to cap noneconomic damages in medical malpractice cases.
- Walter Olson reviewing me reviewing him. (Is that meta enough for you?).
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