So, Sue Me!

Continuing the trend of defamation cases over the past few years, four witnesses from the Karen Read criminal case have brought a defamation action against Ms. Read and the podcaster/journalist known as Turtleboy, while FBI Director Kash Patel has sued the Atlantic and its reporter Sarah Fitzpatrick. Assembled on the Lawfare field of battle, legal analysts Terri Austin, Marie Pereira, and Joe Richardson join host Rich Schoenstein to discuss both cases, what makes them different, and how they might play out over the years to come.

Another chapter opens in the Karen Read saga, as she and online personality Aidan Kearney (a/k;a Turtleboy) are sued by Jennifer McCabe, Brian Albert, Colin Albert, and Brian Higgins for defamation and related causes of action. Rich takes a first look at the Complaint, the claims, and the issues that are likely to be the focus of this litigation.

Lawfare - The Game: the true crime online legal analyst panel discussion that is guilty on all counts. This week's panelists are Dave Aronberg, Sunny Slaughter and Josh Schiffer. They take on:The Gilgo Beach guilty pleas and potential civil litigationLuigi Mangione's dual (and competing) prosecutionsBlake Lively v. Justin Baldoni - upcoming trialPlay Law!

Checking in on the latest in the Blake Lively vs Justin Baldoni lawsuit, as most of her claims are dismissed by the Court. Rich looks at the legal strategies, case developments, and implications for celebrity litigation.

The Federal court has moved it's trial date back, very slightly, but Luigi Mangione still faces the prospects of two murder trials this year. Rich unpacks the latest court proceedings, the current schedule, the potential double jeopardy implications, Mangione's right to a fair trial, and Rich's view that the dual prosecutions of Mangione are tripping over themselves by failing to cooperate and overcharging the case, thus endangering what should be a straightforward prosecution.

The fallout from the Law&Crime Network's acquisition of CourtTV continues, with positive reports from the acquirors, and the launch of the new service Law&Crime+. Rich talks about the latest developments and the continuing reaction to changes at CourtTV. In addition, juries in New Mexico and California rendered verdicts this week holding social media companies liable for injuring teens. Rich goes over the verdicts and whether they are true bellwethers of what lies ahead.Ask

The landscape has changed at CourtTV following its acquisition by the Law & Crime Network. Rich is joined by legal analysts Josh Schiffer and Franz Borghardt to discuss the merger, the new landscape, and what lies ahead. The three analysts talk about their experiences on the two networks, the true crime community, and the value of on-air legal analysis.Ask

Meta and YouTube are on trial in California, where a plaintiff alleges that the sites were addictive and harmful. The trial is a bellwether for some 1,600 consolidated cases and many more filed in other state. Mark Zuckerberg himself was questioned about Meta's knowledge and culpability, in a legal matter that may help frame societal norms for social media companies going forward. Rich discusses the claims and the much broader implications.

Blake Lively and Justin Baldoni had a settlement conference but did not settle their case. Can they ever? In this episode of 'So Sue Me', Rich Schoenstein discusses settlements in civil litigation, using the Lively and Baldoni case as a backdrop. He explains the reasons why most civil cases settle before reaching trial, the processes involved in reaching a settlement, and the various outcomes that can arise from settlement discussions. Rich emphasizes the importance of having a strategy for both settlement and trial, highlighting that the uncertainty of trial outcomes often drives parties to seek resolution through negotiation.

Luigi Mangione is facing trial for the murder of Brian Thompson in both New York State and New York Federal Court. The proceedings have raised concerns about the timing, preparation, and fairness of the trials, as well as the overcharging and double jeopardy issues. These concerns were heightened by the recent scheduling of the state court trial for June 8, 2026, just three months before jury selection is set to begin in the federal case.TakeawaysDouble jeopardy and overcharging are key concerns in the prosecution of Luigi Mangione.The timing and preparation of the trials, as well as the fairness of the proceedings, are significant points of contention.Chapters00:00 Setting the Trial Date07:11 State vs. Federal Prosecution14:07 Double Jeopardy and Trial Proceedings

Last week's blockbuster rulings in the Federal prosecution of Luigi Mangione eliminated charges that could be punishable by death - although prosecutors may appeal that - and ruled that the backpack and its contents are admissible as evidence. Rich discussed the reasoning in their decisions and how they will impact the case.TakeawaysDeath penalty charges dismissedBackpack evidence admissibleChapters00:00 Federal Court Decision on Death Penalty09:05 Admissibility of Backpack Evidence18:27 Political Motivation and Trial Schedule

Duke University commenced arbitration and a lawsuit against its quarterback, Darian Mensah, over his entry into the college football portal and potential transfer to the University of Miami. The case raises important issues concerning the enforceability of written contracts, the ability to seek injunctive relief in court in the aid of arbitration, and whether injunctive relief is merited. Rich takes a look at the pleadings and the issues raised by this developing case.TakeawaysImportance of ContractsChallenges of Obtaining InjunctionsCivil Litigation and ArbitrationChapters00:00 Introduction05:22 Duke University's Lawsuit12:07 Duke's Legal Strategy17:07 Request for Injunction22:41 Arbitration and ConfidentialityKeywordsContract, breach, arbitration, temporary restraining order, preliminary injunction, Mensah, Duke, Miami, college football

Luigi Mangione is headed back to federal court, with key motions pending challenging the possibility of the death penalty and seeking to suppress evidence. Rich Schoenstein provides insights into the legal strategies employed by the defense and the pending motions, emphasizing the importance of due process and the presumption of innocence.

This episode discusses the newly enacted Consumer Litigation Funding Act in New York, which aims to regulate litigation funding practices. The law introduces a 25% cap on the recovery amount for funding companies and outlines various consumer protections, including clear contract disclosures and attorney responsibilities. The conversation explores the implications of this law on the litigation funding landscape, the economic impact on funding companies, and the overall benefits for consumers seeking legal funding. See the bill at: https://www.nysenate.gov/legislation/bills/2025/A804/amendment/C#:~:text=Enacts%20the%20consumer%20litigation%20funding,of%20their%20case%3B%20makes%20related

Can a backpack make or break a case?This week on So Sue Me, we unpack the pending evidentiary battle surrounding Luigi Mangione's backpack, which allegedly holds crucial evidence against him. We discuss the procedural status, with no decision on the evidence expected until May 2026, and the substance of the issues.#LuigiMangione #Evidence #backpack #SoSueMe #Schoetime #TrueCrime

In this episode, Rich Schoenstein discusses the complexities of contingency cases in civil litigation. He explains why many lawyers, including himself, are hesitant to take on business cases on a contingency basis, highlighting the financial risks involved, the importance of case evaluation, and the need for clients to be well-prepared. Rich also offers insights into the challenges of navigating the legal system and the significance of understanding the defendant's financial situation.TakeawaysContingency cases are often sought due to the high costs of civil litigation.Not all cases that seem strong are legally actionable.Clients' enthusiasm can sometimes cloud their judgment about their case's strength.The judicial system can be unpredictable, affecting case outcomes.The financial condition of the defendant is crucial in contingency cases.Preparation and evidence collection are vital for clients seeking legal representation.Clients should be willing to invest in their case to show commitment.Active client involvement is essential in the litigation process.Chapters: 00:00 Understanding Contingency Cases 08:54 Challenges in Contingency Litigation 12:08 Navigating the Legal Landscape 15:20 Preparing for Legal RepresentationKeywords: contingency, civil litigation, legal representation, business disputes, legal fees, litigation funding, client preparation, attorney-client relationship, legal challenges, case evaluation

In this episode of So Sue Me!, Rich Schoenstein delves into the fundamental concepts of contracts and breach of contract. He explains the essential elements required to establish a breach of contract claim and what constitutes a contract. Rich emphasizes that contracts do not always need to be in writing, although written agreements provide clarity and enforceability. He discusses the importance of understanding contract terms, the implications of breach, and best practices for entering into contracts, including the need for legal advice and keeping copies of important agreements. The episode concludes with a reminder of the significance of contracts in everyday life and the importance of protecting one's legal rights. Chapters: 00:00 Introduction to Breach of Contract 00:38 The Elements of a Breach of Contract Claim 02:39 What Constitutes a Valid Contract? 05:24 There Are Contracts Everywhere 06:59 Interpreting Contracts and Ambiguities 08:42 Key Terms and Provisions in Contracts 11:15 Practical Tips for Navigating Contracts 15:26 Conclusion and Final Thoughts on Contracts 16:42 Outro Keywords: contract, breach of contract, legal education, civil litigation, contract law, legal agreements, contract interpretation, damages, enforceable contracts, legal rights

The civil case brought by Karen Read has been removed to federal court. Rich digs in on this strategic maneuver, discussing federal jurisdiction in civil cases, the removal process, why a litigant might want to be in federal court and why these particular defendants may have decided to move the case. Rich explains the nuances of federal question jurisdiction and the potential advantages of federal court over state court, including efficiency and jury composition. The discussion also highlights the complexities of the ongoing litigation involving multiple parties and cases, emphasizing the chess-like nature of civil litigation. Keywords Karen Read, federal court, civil litigation, jurisdiction, legal strategy, federal question jurisdiction, removal to federal court, civil rights claims, legal proceedings, Massachusetts

The Karen Read case is in civil litigation and, accordingly, we discuss it on the podcast about civil litigation. Rich Schoenstein provides an overview of the prior legal proceedings, the divided public opinion, the outcomes of the criminal trials, and the subsequent civil lawsuits filed by both the O'Keefe family and Karen Read. The episode also discusses the implications of fundraising efforts by both parties and the differences between civil and criminal litigation, emphasizing the challenges and potential outcomes of the ongoing legal battles.

Alienation of affection and criminal conversation - two uncommon civil law claims - were at issue in Akira Montague v. Brenay Kennard, a North Carolina lawsuit in which the plaintiff sued a TikTok star for allegedly having an affair with plaintiff's husband, resulting in a jury awarding her $1.75 million. Rich breaks down the legal concepts, jury instructions, and implications of the verdict, while also emphasizing the importance of legal representation in civil litigation.

This edition of "So, Sue Me!" delves into the O.J. Simpson case, of all things, focusing on the recent developments regarding his estate. Rich Schoenstein discusses the media's portrayal of supposed agreement to honor a $58 million claim by Fred Goldman, the father of Ron Goldman, and clarifies the realities of the situation. It is an agreement on amount, not payment, and there are substantial challenges to recovering anything. Still, the civil side of the O.J. case has lessons to be learned.

Civil litigation is front and center in this new podcast from Trial Lawyer / Legal Analyst Rich Schoenstein and Tarter Krinsky & Drogin. Rich explains the who, what, where, when, and why of this endeavor, shares a few clips of his prior appearances on civil litigation matters, and sets the course for future topics. May it please the listeners!