Why Alexander Acosta should NEVER be Attorney General. - Mark P. Loftus

September 26, 2025

The endless and exhausting breaking news generated by the White House sometimes overwhelms other important stories. The Miami Herald had a story the other day about Alexander Acosta – the current Secretary of Labor – and his involvement in the remarkably lenient treatment of Jeffrey Epstein, a Florida billionaire, and serial sexual abuser of underage women.

In October, 2007, Acosta, then U.S. Attorney in Florida, was approached by Jay Leftkowitz, a former colleague at Kirkland & Ellis. Leftkowitz represented Epstein who had been accused of creating and overseeing a cult-like enterprise where underage girls were delivered to his waterfront mansion so that Epstein could sexually abuse them. Additionally, there was some evidence that Epstein was trafficking young girls from overseas for sexual activities at properties he owned in New York and the Caribbean. Epstein was facing a 53 page federal indictment that should have landed him in jail for the rest of his life. But that isn’t what happened. [The article, by Julie K. Brown discusses Epstein’s depravity in detail. Be prepared].

A plea deal was struck that morning between Acosta and Leftkowitz. The two men met at a Marriott Hotel in West Palm Beach, some 70 miles away from prying eyes in Miami. The deal was very, very, very lenient considering the allegations. The deal[referred to as a “non-prosecution agreement”] shut down an on-going federal probe seeking to identify other victims. And it shut down any inquiries into whether any of Epstein’s rich powerful friends may have shared his interest in young girls.

Epstein was required to plead guilty to two prostitution charges in state court. Epstein and four of his accomplices received immunity from ALL federal charges. But the deal didn’t stop there. Immunity was also given to “any potential co-conspirators” who were involved. And, perhaps most shocking, Acosta agreed[possibly in violation of federal law] that the victims would not be made aware of the arrangement. The agreement was sealed until after judicial approval – thereby depriving the victims of the opportunity to show up and object.

[As a side note, Epstein did serve time for the two state charges. But not in a regular jail cell. He was housed in a private wing of the Palm Beach County Jail. And, he was allowed work release privileges – which allowed him to leave the jail six days a week for 12 hours at a time, to go to an office in West Palm Beach. And all of that was permitted even though sex offenders do not normally qualify for work release].

The Herald story identified 80 women who were molested or sexually abused by Epstein from 2001 to 2006. Many of them have since battled mental health issues and addictions. Other victims had criminal troubles. While Epstein had to pay damages to 36 women identified by the FBI, settlements weren’t consummated until after his lawyers pried into every aspect of their personal lives in order to ruin their reputations.

Epstein and his team of lawyers have not responded to requests for interviews. While Epstein has sat for depositions in approximately 24 lawsuits filed by his victims, he routinely refuses to answer questions, asserting 5th Amendment privileges.

In 2011, Epstein sought to have his sex offender status reduced in New York. A prosecutor from the New York District Attorney’s office argued the motion on behalf of Epstein. [Yes, a prosecutor sought relief for Epstein]. New York Supreme Court Judge Ruth Pickholtz, however was having none of it. She denied the motion, commenting that “I have to tell you, I’m a little overwhelmed because I have never seen a prosecutor’s office do anything like this.”

In 2011 Acosta attempted to explain his conduct by suggesting he was pressured by the high profile legal team assembled by Epstein[which included Alan Dershowitz, Roy Black and none other than Ken Starr].

Mike Fisten, a former Miami Dade Police Sergeant was a member of the FBI Organized Crime Task Force. Fisten thought that the FBI had sufficient evidence to put Epstein away for many, many years. But the FBI was overruled by Acosta. Fisten noted that “The day that a sitting U.S. Attorney is afraid of a lawyer or afraid of a defendant is a very said day in this country.”

And now? Acosta is now rumored to be on the short list for the highest law enforcement post in the country – Attorney General.

Bayer offers $7 Billion Roundup Settlement

By Mark Loftus • February 17, 2026
German Conglomerate makes a bid to end Roundup litigation 

Bayer Offers $7 Billion in Roundup Settlement Bid

By Mark Loftus • February 17, 2026

The Illinois Gender Violence Act

By Mark Loftus • February 3, 2026
THE ILLINOIS GENDER VIOLENCE ACT - IN A NUTSHELL Under the Illinois Gender Violence Act (GVA) 740 IlCS 82/1, victims of sexual assault, domestic violence and other forms of gender related violence can bring civil actions against perpetrators even when criminal charges are not filed. The GVA defines two of the four acts of “gender violence” - though the definitions are a bit convoluted: One or or more acts of violence of physical aggression satisfying the elements of battery under the laws of Illinois that are committed, at least in part, on the basis of a person’s sex; A physical intrusion or physical invasion of a sexual nature under coercive conditions satisfying the elements of battery under the laws of Illinois, whether or nor the act or acts resulted in criminal charges, prosecution or conviction. Under the Illinois Criminal Code, a person commits a battery when he or she knowingly, without legal justification, causes bodily harm or makes insulting/provoking physical contact with another individual. 720 ILCS 5/12-3. The Criminal Code requires physical contact. AND EMPLOYERS MAY NOW FACE LIABILITY In July, 2023 an amendment made it explicit that the GVA does extend to the workplace. As set forth in the Act, an employer is liable for gender-related violence in the workplace by an employee when the interaction arises out of and in the course of employment. Liability will only arise however, if the (1) the employee was directly performing his or her duties and the violence was the proximate cause of the injury or (2) while the agent of the employer was directly involved in the gender-related violence and the performance of the work was the proximate cause of the injury. Liability will only extend to the the employer however if it can be shown that (1) the employer failed to supervise, train or monitor the offending employee or 2) the employer failed to investigate and respond to reports directly provided to appropriate management personnel. Damages under the Act may include injunctive relief, and actual damages, damages for emotional distress and punitive damages. And importantly, the GVA is a fee-shifting statute - so a successful plaintiff may seek to recover attorneys fees. So, in cases of sexual harassment, may a plaintiff, include a count for damages under the GVA? The answer is an unqualified yes. And the contact need not be excessive or dramatic or prolonged - so long as there was no consent nor any justification for the physical contact. In fact, the Act notes that a legitimate threat that the harasser will commit an nonconsensual act is sufficient.
Digital brain graphic with circuit board background, glowing blue, representing artificial intelligence.

The Anthropic Ruling - AI can't steal your content. - Mark P. Loftus

September 26, 2025
Topgolf building exterior with a gray facade, white sign, blue sky, and landscaping.

Topgolf hit with $15 million dollar verdict after 9 year old suffers devastating injuries. - Mark P. Loftus

September 26, 2025
Red Tesla sedan driving on a road.

Tesla Ignored $60 million settlement overture before getting crushed with $242 million dollar verdict. - Mark P. Loftus

September 26, 2025
According to online reports, Tesla ignored a $60 million dollar settlement overture in the wrongful death case that ultimately resulted in a $242 million dollar jury verdict against the car maker. The lawsuit grew out of 2019 crash where a Tesla Model S with Autopilot engaged, plowed through a Florida intersection and crashed into a Chevy Tahoe. Neima Benavides Leon and her boyfriend, Dillon Angulo were standing near the Tahoe when the Tesla crashed into it. Leon was killed and Angulo suffered serious injuries. A lawsuit was filed against Tesla, asserting that although the Autopilot feature was engaged, the vehicle did not brake. Florida law permits a monetary demand to be issued before trial. If the defendant fails to accept the demand within 30 days it is considered rejected. If the plaintiff then goes to trial and secures a verdict 25% greater than the offer, the defendant is on the hook for plaintiff’s investigative expenses and attorneys’ fees. Tesla is appealing the jury verdict, citing “substantial errors of law and irregularities at trial.”.
Taco with ground meat, lettuce, tomatoes, cheese sauce, and onions in a crispy shell.

Appellate Court rebuffs same proximate cause argument twice in taco restaurant crash. - Mark P. Loftus

September 26, 2025
Johnson's baby powder container, white bottle, blue text, red seal, 400g.

Supreme Court lets $2.2 billion dollar ovarian cancer verdict stand against Johnson & Johnson - Mark P. Loftus

September 26, 2025
This important ruling got kind of lost in the news cycle. A couple weeks ago, the United States Supreme Court refused to vacate a $2.2 billion dollar ovarian cancer verdict against Johnson & Johnson[“J & J”]. The verdict was originally returned by a Missouri jury in 2018 on behalf of 22 women. The original verdict was actually $4.7 billion but a Missouri Appellate Court reduced the award to $2 billion. Each of the women claimed that there was asbestos and asbestos-laced talc in J & J talcum powder products they used, and they developed ovarian cancer as a result. Asbestos is known to cause cancer. Talc, in its raw form is often found in close proximity to naturally occurring asbestos. When J & J mined talc, that talc sometimes contained asbestos. And that asbestos sometimes found its way into J & J personal hygiene products. [In 2019, J & J recalled 33,000 bottles of J & J products after FDA testing found asbestos in test samples]. J & J, has known of the risk of asbestos contamination in talc products since the 1970’s. Some 21,000 plus ovarian cancer cases are pending against J & J throughout the United States.
Bar counter with beer taps, logos, and a pint of Guinness. Shelves filled with bottles in the background.

Trial Judge: criminal attack outside bar not foreseeable. The Illinois Appellate Court: not so fast.... - Mark P. Loftus

September 26, 2025
Hand holding a black smartphone displaying the Uber app on a dark background.

Experts dispute victim numbers in Uber Sexual Assault Trial. - Mark P. Loftus

September 26, 2025