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Overdoses and Good Samaritan immunity

RICHMOND, Va. — The Virginia Court of Appeals found a woman indicted for possessing methamphetamine is not entitled to statutory “Good Samaritan” immunity from drug charges for people who are reported to emergency personnel as experiencing an overdose. She was not experiencing an overdose, but a 7-Eleven employee was concerned the woman had overdosed and called law enforcement to check on her. The statute requires defendants to actually experience an overdose, not merely — as in this case — that the person who reported the situation thought she might be experiencing an overdose.

Courthouse NewsCourthouse NewsBrief15 Sept
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Austin property tax reversal

NEW ORLEANS — The Fifth Circuit found a Texas federal court improperly abstained from ruling in a dispute between homeowners and the Texas capital, Austin, whose ordinance declaring the homeowners’ lakefront properties are within the city’s full-purpose taxation jurisdiction even though the city provides fewer services in the area. The lower court emphasized conflicts of law, but the homeowners raise a federal equal protection claim that does not depend on any disputed questions of Texas law.

Courthouse NewsCourthouse NewsBrief15 Sept
CN

Google AI Overviews can defame

CHICAGO — A federal court in Illinois allowed an author and TV producer to proceed with defamation claims against Google over AI Overviews that allegedly falsely stated he was serving life in prison and had murdered three women. His 1997 conviction for conspiracy to distribute drugs after he helped the FBI as a prison informant to gather information about a suspected serial killer. The AI-generated statements can reasonably be understood as factual and the author plausibly pleaded actual malice by alleging he repeatedly notified Google that its AI Overviews contained false information, but similar statement continued to appear.

Courthouse NewsCourthouse NewsBrief15 Sept