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Online Defamation
Online Defamation Cartoons

Online Defamation

Blumenthal v. Drudge; Under the Communications Decency Act, no provider or user of interactive computer service treated as publisher or speaker of information provided by another content provider for tort liability. ISP. Internet Service Provider.
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Related Cartoons

the firefighter's rule
the firefighter's rule
Levandoski v. Cone; the firefighter's rule does not bar recovery from a tortfeasor who is neither a landowner nor a person in control of the premises; invitee; licensee.
Website Owner Liability For Visitor Posts
Website Owner Liability For Visitor Posts
Carafano v. Metrosplash.com, Inc.; a website host is not liable for false information posted by a visitor as a publisher or speaker; invasion of privacy; defamation; right of publicity.
Immunity Statutes and Damages Limits Cannot Deny Meaningful Remedy
Immunity Statutes and Damages Limits Cannot Deny Meaningful Remedy
Clarke v. Oregon Health Sciences University; The Remedy Clause of the Oregon Constitution provides that, although the legislature may change a remedy or procedure, it cannot deny a remedy entirely.
The Medical Devise Amendments Prempt State Law
The Medical Devise Amendments Prempt State Law
Riegel v. Medtronic, Inc.; The Medical Device Amendments preempt state requirements that are different from, or in addition to, any requirements applicable to a medical device under federal law; preemption.
Violation of Statute May Be Negligence Per Se
Violation of Statute May Be Negligence Per Se
O'Guin v. Bingham County; to replace a common law duty of care with a duty of care from a statute or regulation, the statute or regulation must clearly define the required standard of conduct, be intended to prevent the same type of harm.
Duty to Aid Strangers
Duty to Aid Strangers
Podias v. Mairs; common law has persistently refused to impose on strangers a moral obligation to aid another human being who is in danger but an exception exists for failure to render assistance when social policy justifies imposition of duty to act.
Liability for Hiring An Incompetent Contractor
Liability for Hiring An Incompetent Contractor
Puckrein v. ATI Transport, Inc; to prevail against principal for hiring incompetent contractor plaintiff must show contractor was incompetent, unskilled perform job for which hired, the harm arose due to incompetence and principal knew incompetent.
Learned Intermediary Doctrine
Learned Intermediary Doctrine
State v. Karl. Manufacturers of prescription drugs are subject to the same duty to warn consumers about the risks of their products as other manufacturers.
Discovery Rule
Discovery Rule
Lincoln Electric Co. v. McLemore; A plaintiff's cause of action accrues at the point at which he discovered, or by reasonable diligence should have discovered, the injury. Statute of limitations.
Intervening Acts
Intervening Acts
Marcus v. Staubs; a tortfeasor whose negligence is a substantial factor in bringing about injuries is not relieved from liability by the intervening acts of third persons if those acts were reasonably foreseeable by the original tortfeasor.
Intervening Cause
Intervening Cause
Pohl v. County of Furnas; an intervening cause cuts off a tortfeasor's liability only when it is not foreseeable; tthe new and independent conduct of a third person is itself the proximate cause of the injury and breaks the causal connection.
Sudden Emergency Doctrine
Sudden Emergency Doctrine
Posas v. Horton; The fact that the actor is not negligent after the emergency arises does not preclude his liability for tortious conduct that produced the emergency.