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After having relieved much of the responsiblity of a network service provider in regards to liability, one might have expected a similar judgment to have been passed in the case of Stratton Oakmont v. Prodigy. Again, an instance of libelous remarks over a public on-line forum triggered a company to sue a network service provider. On a widely read financial matters forum called "Money Talk," a Prodigy user had posted about Daniel Porush, the president of Stratton Oakmont, a investement securities firm, and his employees. Porush, the poster claimed, was "soon to proven criminal," and further, Stratton Oakmont, Inc., was a "cult of brokers who either lie for a living or get fired." After reading this posting on Prodigy, Porush filed suit against the network service claiming Prodigy liable for this poster's libelous claims. Prodigy, on its legal behalf, claimed the status of a distributor (as in the case of Cubby vs. CompuServe). However, Stratton Oakmont argued that due to Prodigy's editorial control over content, Prodigy should be more correctly classified as a publisher. In essence, this is because Prodigy made clear to all users that it retained the right to edit, remove, and filter messages in its system in order to ensure a "family" atmosphere on-line. Because of these claims, the court classified Prodigy as a publisher and awarded damages to Stratton Oakmont.

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Defamation occurs when false statements either cause a person to be ridiculed or damage the person’s reputation. Incorrect information given out in error can result in defamation. If the information is spoken, it is slander; if it is written, it is libel.

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Legal Case dealing with False Imprisonment

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Legal Case dealing with False Imprisonment

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This case involves a claim for false imprisonment. In December, 1996, Ms. McCann and two of her children were shopping at the Maine Wal-Mart store. After approximately an hour and a half, the McCanns went to a register and paid for their purchases. As the McCanns were leaving the store, two Wal-Mart employees, stepped out in front of the McCanns’ shopping cart, blocking their path to the exit. The employees told Plaintiff that the children were not allowed in the store because they had been caught stealing on a prior occasion. Defendant’s employees had said they were calling the police, but actually called a store security officer to identify the earlier shoplifter. Eventually, the security officer, Rhonda Bickmore (Bickmore), arrived at the store and informed the employees that the McCanns were not the family whose son had been caught shoplifting. The employees acknowledged their mistake to the McCanns, and they left the store.

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False imprisonment refers to restraining an individual or restricting an individual’s freedom without authorization.

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Legal Case dealing with invasion of privacy

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Legal Case dealing with invasion of privacy

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Tsige, an employee of the Bank of Montreal, accessed the banking information of Jones approximately 174 times over a two-year period after learning that her former husband was in a relationship with Jones. Jones complained, and the Bank disciplined Tsige. However, Jones also successfully sued Tsige privately for the tort of “invasion of privacy” and “intrusion upon seclusion.” While these causes of action had never been recognized in Canada in the past, the Ontario Court of Appeal endorsed the law, even in the absence of proof of harm to an economic interest. Both employers and employees must now be conscious of possible additional liability in the event that customer or employee data is accessed improperly.

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There are two kinds of invasion of privacy, physical and informational. Physical invasion of privacy includes unnecessarily exposing an individual, while informational refers to revealing personal information about an individual without that person’s consent.

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Legal Case dealing with Assault and battery

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Legal Case dealing with Assault and battery

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On September 22, 2014, shortly after midnight, a woman informs her husband, an off-duty Police Officer, that their neighbors are fighting out on their lawn. He comes to the window and observes a physical altercation between the parties. He calls Shrewsbury Police who are dispatched to the residence. By the time they arrive the couple has returned to the house. Upon arrival the police find the female hysterical, crying and shaking. She has difficulty communicating as her primary language is not English. Police report that the interior of the house was littered with broken furniture, primarily several kitchen chairs. A shirtless male, identified as the husband was found inside the house as well as the wife, who informs the police that the couple had argued, that they went outside and that the husband struck her and threw her to the ground. She further states that the husband had threatened to destroy the home. A non-related roommate, who together with her child also live at the residence. She tells police that although she heard the argument, she remained in her room until the police arrived and knock on her door. The husband is handcuffed and taken into custody for the above charges. He was initially held without bail as a Danger to the Community, which was reversed upon appeal. Bail was set at $25,000.

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Assault includes a threat or attempt to injure, and battery includes the unlawful touching of another person without consent. They are closely related and often used together

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McDonald's coffee case: An American court case that became a cause célèbre for advocates of tort reform. An 79-year-old woman received third degree burns from spilled coffeepurchased from the restaurant chain and sued to recover her costs. The coffee that patrons bought at the drive-through, it turns out, was heated to be much hotter than the coffee they served inside was. The jury found the conduct of McDonald's so objectionable that they not only awarded her compensatory damages, but awarded the woman millions of dollars in punitive damages. Many casual observers considered this excessive. The punitive damages were later significantly reduced by a judge on appeal, though this fact is not as widely known as the jury's initial decision.

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Malpractice can be interpreted as “bad practice” and is commonly called “professional negligence.” It can be defined as the failure of a professional to use the degree of skill and learning commonly expected in that individual’s profession, resulting in injury, loss, or damage to the person receiving care.

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Dana Carvey Bypasses Wrong Artery
In 2001, USA Today reported one of the more well known cases of medical malpractice happened to Saturday Night Live alumni, Dana Carvey. Roughly two months after the double bypass operation that was suppose to preserve his life, Mr. Carvey received the news that the surgeon had bypassed one of the wrong arteries. The surgeon, who performed the surgery, stated that it was an honest mistake that occurred due to the unusual positioning of Mr. Carvey's artery in his heart. Dana Carvey felt quite differently, and subsequently, he filed a $7.5 million lawsuit against the surgeon and the hospital

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Negligence can be described as failure to give care that is normally expected of a person in a particular position, resulting in injury to another person.