Overlawyered » alienation of affection

Alienation of affections in North Carolina

Walter Olson — Tue, 17 Apr 2012 14:38:58 +0000

Kyle Graham asks why that variety of “heartbalm” action remains a vital and frequently used tort in the Tarheel State, but not elsewhere, though it remains on the books in ten or so other states. “The popularity of the tort in North Carolina suggests, at least to me, the importance of inertia and claim consciousness in tort law.”

Distantly related: demise of Breach of Promise to Marry laws linked to rise of engagement rings [Margaret Brinig via Matthew O'Brien via Sullivan]

Tags: alienation of affection, North Carolina

Alienation of affections in North Carolina is a post from Overlawyered - Chronicling the high cost of our legal system

North Carolina’s throwback “heartbalm torts”

Walter Olson — Sun, 27 Mar 2011 05:10:54 +0000

This time they’ve ensnared a judge accused of seducing another man’s wife. Maybe that will be enough to get the causes of action abolished at last. On John Edwards’s possible worries about legal liability, see this post from last year. [OnPoint]

Tags: alienation of affection, North Carolina

North Carolina’s throwback “heartbalm torts” is a post from Overlawyered - Chronicling the high cost of our legal system

September 21 roundup

Walter Olson — Tue, 21 Sep 2010 13:29:08 +0000

Facing four harassment claims, embattled Philadelphia housing chief files his own suit for $600K+ [Inquirer]
“Ohio State Abuses Trademark Law to Suppress a Fan Magazine and Website” [Paul Alan Levy, CL&P]
“Judge Dismisses Baltimore Blight Suit Against Wells Fargo, Will Allow Refiling” [ABA Journal]
Trial lawyer taking behind-the-scenes hand in Louisiana politics [OpenSecrets via Tapscott]
“Are hedge funds abusing bankruptcy?” [Felix Salmon and WSJ]
North Carolina alienation-of-affection law strikes again: “’Mistress Ordered to Pay $5.8 Million’ to Wronged Wife” [Volokh, Althouse]
“Lawyers take a haircut on a contingency fee in Colorado” [Legal Ethics Forum]
ADA lawsuits close another beloved eatery [Stockton, Calif.; six years ago on Overlawyered]

Tags: alienation of affection, Baltimore, bankruptcy, fans as infringers, Louisiana, North Carolina, Philadelphia, trademarks

September 21 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

$9M alienation of affection award in NC

Ted Frank — Sat, 20 Mar 2010 16:31:25 +0000

The defendant wasn’t at trial and didn’t have a lawyer, and plans to appeal; the judgment might as well be for $73 gazillion, as the ex-husband is already in contempt of court for failure to pay spousal support. (Greensboro News-Record March 18 and March 17 via Volokh). We’ve been covering the issue for years, as a click on the tags will reveal.

Tags: alienation of affection, family law, jackpot justice, North Carolina

$9M alienation of affection award in NC is a post from Overlawyered - Chronicling the high cost of our legal system

Alienation of John Edwards’ affections?

Walter Olson — Thu, 11 Feb 2010 17:02:28 +0000

Per ABC News, Andrew Young says that Elizabeth Edwards has threatened him with a lawsuit under North Carolina’s law permitting lawsuits against third parties — not limited to paramours — who helped break up a marriage. We’ve been covering the workings of this law for years at Overlawyered, and Ted may have been the first to spot its possible application to the Sen. Edwards squalor-ama. Much more at Death by 1000 Papercuts. (Rewritten somewhat for clarity 1 p.m. Eastern; & welcome Mickey Kaus readers)

Tags: alienation of affection, John Edwards, North Carolina

Alienation of John Edwards’ affections? is a post from Overlawyered - Chronicling the high cost of our legal system

February 6 roundup

Walter Olson — Sat, 06 Feb 2010 14:33:34 +0000

Wronged wife loses suit under California “Drug Dealer Liability Act” (DDLA) against mistress who supplied crack cocaine to husband [OnPoint News]
“D.C. Circuit to Former Judge in Pants Lawsuit: Follow the Rules” [NLJ, more, earlier]
“Law firm demands retailer destroy all copies of Olivia Munn comic, retailer refuses” [BoingBoing, HeavyInk, earlier on TJIC]
Can’t find jury for tobacco trial: “Lawyers excused a woman who said people have no right to sue over diseases that are disclosed on the warning label of a package.” [Russell Jackson, Chamber-backed W.V. Record]
Despite widespread misconception to the contrary, editing comments generally does not open blogger to liability over what remains [Citizen Media Law]
To heck with HIPAA, introduce your patients to each other if you think they’ll get along [Musings of a Dinosaur]
Devoted daughter vs. RSPCA: epic will contest in Britain over family farm bequest [Times Online]
Woman found guilty after planting dead rat in meal at upscale restaurant [Appleton Post-Crescent via Lowering the Bar and Obscure Store]

Tags: alienation of affection, bloggers and the law, finger in the chili, HIPAA, illegal drugs, jury selection, Roy Pearson, wills and trusts

February 6 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

August 21 roundup

Walter Olson — Fri, 21 Aug 2009 15:02:21 +0000

NYC criminal defense lawyer and TV commentator Robert Simels convicted of witness tampering in closely watched case [NY Daily News and more, NYLJ, Greenfield, Simon/Legal Ethics Forum]
Title IX suit says harassment by other students pushed school girl into anorexia, school should pay [Pittsburgh Post-Gazette]
Federal judge upholds some Louisiana restrictions on lawyer advertising, but says rules on Internet communication unconstitutionally restrict speech [WAFB, Ron Coleman]
“Woman Claims Display Was So Distracting, She Fell Over It” [Lowering the Bar; Santa Clara County, Calif. Dollar Tree]
Associated Press now putting out softer line on blogger use of its copy, but is it a trap? [Felix Salmon, earlier]
Update: Google ordered to identify person who set up nasty “skank” blog to attack NYC model [Fashionista, earlier here and here]
Some speak as if lawsuits over “alienation of affections” a thing of the past, alas not so [Eugene Volokh, more, yet more; earlier]
Connecticut: “State Holds Hearing On Whether Group Can Hand Out Food To The Poor” [Hartford Courant; "Food Not Bombs" group at Wesleyan]

Note: post was mistakenly titled as “August 22 roundup” at first, now fixed; thanks to reader Jonathan B. for catching.

Tags: alienation of affection, bullying, Connecticut, copyright, defense lawyers, ethics, Google, Louisiana, Pittsburgh, Title IX

August 21 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Ex-wife wins $500K in suit against new wife

Walter Olson — Wed, 17 Jun 2009 04:56:10 +0000

North Carolina’s alienation of affection law strikes again. [WRAL via Lawyers USA; earlier]

More from commenter “spudbeach”: “I am _sooo_ glad that I live in Wisconsin. Not only are alienation of affection lawsuits not allowed, it is actually illegal to even threaten one! Wisc. Stats. 768.03 makes it illegal to threaten, and 768.07 sets the penalty to $10,000 fine and/or 9 months in jail.” And XRLQ observes that these laws (still on the books in Hawaii, Illinois, Mississippi, New Hampshire, New Mexico, South Dakota, and Utah, as well as North Carolina) could impose liability not just on paramours, but on plain old friends or acquaintances who’d encouraged an unhappy spouse to leave a marriage. Yet more: Robinette, 2007 (via); The Briefcase.

Tags: alienation of affection, North Carolina

Ex-wife wins $500K in suit against new wife is a post from Overlawyered - Chronicling the high cost of our legal system

Watch out, motel owners

Walter Olson — Wed, 11 Mar 2009 04:03:48 +0000

Social conservative Maggie Gallagher, with whose views we have been known to differ, suggests a tort of “facilitating” adultery that would apply to businesses that “that intentionally and explicitly attempt to profit from acts of adultery”. [NRO "Corner", first, second posts]

P.S. Eugene Volokh now has a more lengthy and serious treatment: “you can love marriage and hate adultery without thinking that more tort liability will make things better.”

Tags: alienation of affection, wrong right

Watch out, motel owners is a post from Overlawyered - Chronicling the high cost of our legal system

John Edwards, Rielle Hunter, and Elizabeth Edwards

Ted Frank — Tue, 22 Jul 2008 23:34:54 +0000

I have no idea if the allegations that former presidential candidate John Edwards has a love-child with Rielle Hunter are true–though his actions seem pretty damning.

But let me be the first to point out that, if the allegations are true, Elizabeth Edwards can take advantage of North Carolina’s unusual tort law to sue Hunter for alienation of affection. When we last looked at the state of affairs in North Carolina in 2006, there were 200 such suits a year, with some verdicts in the six and seven digits. Of course, Mrs. Edwards would need a trial lawyer willing to take on her husband first.

Efforts to abolish the tort in the state have not been successful, though it is worth noting the fact that several dozen states have abolished heartbalm statutes without anyone suggesting that this tort reform is constitutionally problematic.

Update: Edwards persuades me that the story might be true when he gives a lawyerly non-denial denial filled with negative pregnants: “That’s tabloid trash. They’re full of lies. I’m here to talk about helping people.” Someone needs to ask a more targeted question of a purported candidate for vice president or attorney general.

Tags: alienation of affection, family law, John Edwards, North Carolina, Rielle Hunter

John Edwards, Rielle Hunter, and Elizabeth Edwards is a post from Overlawyered - Chronicling the high cost of our legal system