Overlawyered » alienation of affection http://overlawyered.com Chronicling the high cost of our legal system Tue, 14 Feb 2012 18:22:52 +0000 http://wordpress.org/?v=2.8.4 en hourly 1 North Carolina’s throwback “heartbalm torts” http://overlawyered.com/2011/03/north-carolinas-throwback-heartbalm-torts/ http://overlawyered.com/2011/03/north-carolinas-throwback-heartbalm-torts/#comments Sun, 27 Mar 2011 05:10:54 +0000 Walter Olson http://overlawyered.com/?p=22152 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]

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]]> http://overlawyered.com/2011/03/north-carolinas-throwback-heartbalm-torts/feed/ 2 September 21 roundup http://overlawyered.com/2010/09/september-21-roundup-2/ http://overlawyered.com/2010/09/september-21-roundup-2/#comments Tue, 21 Sep 2010 13:29:08 +0000 Walter Olson http://overlawyered.com/?p=19307
  • 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]
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    ]]>     http://overlawyered.com/2010/09/september-21-roundup-2/feed/ 1     $9M alienation of affection award in NC http://overlawyered.com/2010/03/9m-alienation-of-affection-award-in-nc/ http://overlawyered.com/2010/03/9m-alienation-of-affection-award-in-nc/#comments Sat, 20 Mar 2010 16:31:25 +0000 Ted Frank http://overlawyered.com/?p=16576 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.

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    ]]>     http://overlawyered.com/2010/03/9m-alienation-of-affection-award-in-nc/feed/ 4     Alienation of John Edwards’ affections? http://overlawyered.com/2010/02/alienation-of-john-edwards-affections/ http://overlawyered.com/2010/02/alienation-of-john-edwards-affections/#comments Thu, 11 Feb 2010 17:02:28 +0000 Walter Olson http://overlawyered.com/?p=16062 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)

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    ]]>     http://overlawyered.com/2010/02/alienation-of-john-edwards-affections/feed/ 9     February 6 roundup http://overlawyered.com/2010/02/february-6-roundup-2/ http://overlawyered.com/2010/02/february-6-roundup-2/#comments Sat, 06 Feb 2010 14:33:34 +0000 Walter Olson http://overlawyered.com/?p=15971
  • 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]
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    ]]>     http://overlawyered.com/2010/02/february-6-roundup-2/feed/ 0     August 21 roundup http://overlawyered.com/2009/08/august-22-roundup-3/ http://overlawyered.com/2009/08/august-22-roundup-3/#comments Fri, 21 Aug 2009 15:02:21 +0000 Walter Olson http://overlawyered.com/?p=13304
  • 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.

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    ]]>     http://overlawyered.com/2009/08/august-22-roundup-3/feed/ 2     Ex-wife wins $500K in suit against new wife http://overlawyered.com/2009/06/ex-wife-wins-500k-in-suit-against-new-wife/ http://overlawyered.com/2009/06/ex-wife-wins-500k-in-suit-against-new-wife/#comments Wed, 17 Jun 2009 04:56:10 +0000 Walter Olson http://overlawyered.com/?p=11784 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.

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    ]]>     http://overlawyered.com/2009/06/ex-wife-wins-500k-in-suit-against-new-wife/feed/ 7     Watch out, motel owners http://overlawyered.com/2009/03/watch-out-motel-owners/ http://overlawyered.com/2009/03/watch-out-motel-owners/#comments Wed, 11 Mar 2009 04:03:48 +0000 Walter Olson http://overlawyered.com/?p=9694 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.”

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    ]]>     http://overlawyered.com/2009/03/watch-out-motel-owners/feed/ 4     John Edwards, Rielle Hunter, and Elizabeth Edwards http://overlawyered.com/2008/07/john-edwards-rielle-hunter-and-elizabeth-edwards/ http://overlawyered.com/2008/07/john-edwards-rielle-hunter-and-elizabeth-edwards/#comments Tue, 22 Jul 2008 23:34:54 +0000 Ted Frank http://overlawyered.com/?p=7301 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.

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    ]]>     http://overlawyered.com/2008/07/john-edwards-rielle-hunter-and-elizabeth-edwards/feed/ 31     December 8 roundup http://overlawyered.com/2007/12/december-8-roundup-2/ http://overlawyered.com/2007/12/december-8-roundup-2/#comments Sat, 08 Dec 2007 08:33:29 +0000 Ted Frank http://overlawyered.com/wpblog/?p=5621
  • As governor, Huckabee signed a good tort reform package capping punitive and non-economic damages, and reforming joint and several liability and venue law, but the rest of his economic record is big-government. And David Harsanyi is critical of Huckabee’s claimed opposition to nanny-statism. [Insurance Journal; Human Events; Harsanyi; RCP; Michael Tanner @ FoxNews]
  • Update to the popular Bridezilla flowers lawsuit; florist files opposition. Lots of comments ensue. [Lattman]
  • South Dakota Supreme Court: no, you can’t sue a pharmacy for being a “drug dealer” when plaintiff steals prescription medicine for a disabled friend and injures himself OD’ing on it. [On Point]
  • Former litigator hired to invest $100m in court cases for UK hedge fund. [Times Online]
  • Atkins fallout in Texas and California, as professional anti-death-penalty experts there happily minimize subject IQs to call their intelligent clients retarded. Earlier: Feb. 2005; Sep. 2003. [Science Evidence blog; and again]
  • Heartbalm tort of alienation of affection withstand constitutional challenge in Mississippi. Earlier: Jul. 5; Nov. 2006, etc. [Torts Prof]
  • Bob Woodruff biography: I would have died if my injury happened in the United States because of fear of liability. [Murnane]
  • I’ve updated my paper on Thomas Geoghegan’s new book. [SSRN]
  • Overlawyered holds slim lead at ABA Blawg 100 popularity contest. But why aren’t any of you voting for Point of Law? [ABA Journal]
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