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Personal Injury Law

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Last Entry: November 04, 2020 at 05:16:00

Ups and Downs for Drug Stocks

Posted on September 24, 2008
The WSJ Health Blog reports on how more transparency at the FDA could cause volatility in drug stocks. Under a law passed last year, the FDA is just beginning to post quarterly lists of drugs "that could, possibly, carry previously...

Study Find Tort Reform Lowers Insurance Premiums

Posted on September 23, 2008
A recent study by Martin F. Grace, the James S. Kemper Professor of Risk Management at Georgia State, and Assistant Professor Ty Leverty (University of Iowa Tippie College of Business) has concluded that insurance premiums are related to the likelihood...

Defamed on the Wildwood Boardwalk

Posted on September 23, 2008
Ah, the Jersey shore with its seaside boardwalks filled with games, rides, and fun foods. And apparently tortious behavior. In Senna v. Florimant (pdf), the owner of a Wildwood boardwalk game of chance sued a competitor for defamation and tortious...

Station Settlements: "I Don't Think There's Any Logic to It At All"

Posted on September 21, 2008
That's the view of the mother of one victim of the Station nightclub fire in a big picture story in today's Globe (which was inexplicably delivered to our house today, despite the fact that we don't subscribe). (And yes, typing...

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Feinman on Litigation Incentives and Insurers in Large Tort Cases

Posted on September 20, 2008
Jay Feinman (Rutgers-Camden) has posted on SSRN Incentives for Litigation or Settlement in Large Tort Cases: Responding to Insurance Company Intransigence. Here is the abstract: The purposes of this article are to describe some ways in which the practices of...

Personal Injury Roundup No. 8 (9/19/08)

Posted on September 19, 2008
Has anyone else noticed that "premier week" for the networks' new TV season falls later and later each year? Anyway, on to what's happened this week in torts... Reform, Legislation, Policy FDA warns consumers about Chinese baby formula possibly contaminated...

Talk Like a Tort Pirate

Posted on September 19, 2008
Still can't really type well, but I can at least urge you all to celebrate Talk Like a Pirate Day. From last year's post on the subject: Some suggested terms: Res ipsa loquitARRRR! Matey, ye caused a batt'ry when ye...

Family of Scout Killed by Totem Pole Settles Lawsuit

Posted on September 18, 2008
In a tragic local incident last summer, a nine-year-old boy was killed at the Hidden Valley Boy Scout Camp in Perry County, PA by a falling totem pole. The boy and other children were playing near the base of the...

Man Down!

Posted on September 18, 2008
Here's wishing Bill a speedy recovery. In solidarity, I typed this post without my right pinky (It's a pain!) --CJR

Judge Overrules NYC's Objections to Use of "Severity Chart" in 9/11 Respiratory Cases

Posted on September 17, 2008
At a status conference yesterday, U.S. District Judge Alvin Hellerstein rejected objections by NYC to the use of a "severity chart" in the 9/11 respiratory illness cases. As reported by the New York Law Journal (via law.com), Special Masters James...

NJ Judge Finds Exxon Mobil Refinery Pollution Created A Public Nuisance

Posted on September 17, 2008
The New Jersey Law Journal (via law.com) reports on a ruling by a New Jersey judge finding Exxon Mobil liable for causing a public nuisance by polluting the waterways, land, and wetlands at two former refinery sites. "The damage to...

Wyeth Reply Brief Filed

Posted on September 17, 2008
Drug & Device Law has a copy of the Reply Brief filed by Wyeth in Wyeth v. Levine, which is scheduled for oral argument before the Supreme Court on Monday, November 3rd. In addition to the brief itself, Beck &...

A Hiatus Perhaps

Posted on September 16, 2008
I (Bill) am typing mostly one handed as I broke my pinky this morning. (I fell off my bike. In our yard. Please feel free to make fun.) Typing one handed is slow and annoying. I thus might not be...

Updated: Six Flags Sues Ride Manufacturer

Posted on September 16, 2008
As I predicted, Six Flags has sued Intamin, the manufacturer of the ride on which a teenage girl had her feet severed. Update: A more complete story here. --BC

New Damages Caps Proposed For Suits Against Oregon State Agencies

Posted on September 16, 2008
The Oregon Health & Science University and the Oregon Trial Lawyers Association have agreed on new damages caps in torts suits against government agencies. According to a press release, "[t]he 'per claim' limit would be set at $1.5 million effective....

Forwarding Employer Email To Personal Account Supports Conversion Claim

Posted on September 16, 2008
In a recent opinion (pdf), the United States District Court for the Western District of Virginia addressed a 21st century conversion claim: a former employee forwarded an allegedly proprietary email to his personal account, and then used the information to...

New Risks for Antipsychotics in Youth

Posted on September 15, 2008
The Times has details. The lede: A new government study published Monday has found that the medicines most often prescribed for schizophrenia in children and adolescents are no more effective than older, less expensive drugs and are more likely to...

Jockey Sues Track Owner

Posted on September 15, 2008
Alas, the story is paid subscription only, but our local paper reports that the owner of the Three-County Fair has been sued by Christopher Martin, a Maryland jockey, for injuries suffered when he was thrown from his horse during a...

5 Blogs & 5 Blawgers

Posted on September 14, 2008
Beck & Herrmann at Drug & Device Law tagged us last week with the latest Internet meme. (Until their tag, I also was clueless on the meaning of "Internet meme," but it seems to me to be the blogger equivalent...

Reforms in Texas

Posted on September 13, 2008
There's another editorial and article asserting various savings and improvements in Texas from the reforms of a half-decade ago; a Texas Hospital Association press release adds in some discussion of what health care providers say they are doing with the...

Law Profs, Defamation, and Insurance Coverage

Posted on September 13, 2008
On LawProf, Andrew Beckerman-Rodau (Suffolk) asked the following question: I was just denied a personal umbrella liability insurance policy because I am a professor who has published. According to the insurance company anyone who has published presents a risk of...

Personal Injury Roundup No. 7 (9/12/08)

Posted on September 12, 2008
In a world that lost Don LaFontaine, the guy who said "In a world that..." more often than probably else in the world, what can we turn to? Torts! Reform, Legislation, Policy Trial lawyer John Coale thinks McCain won't really...

September 11th in the Classroom

Posted on September 11, 2008
A couple of years back, PropertyProf Ben Barros posted about how September 11th should be handled in the classroom. I believe I remember a torts-flavored discussion from about the same time. I'm faced with the issue for only the second...

Klass on Experiments in Tort Law

Posted on September 11, 2008
Alexandra Klass (Minnesota) has posted Tort Experiments in the Laboratories of Democracy on SSRN. Here is the abstract: This Article considers the broad range of tort experiments states have undertaken in recent years as well as the changing attitudes of...

Biden v. Palin on Tort Issues

Posted on September 10, 2008
As a counterpart to Sheila's post noting a comparison of the top-of-the-ticket candidates, the conservative-leaning LegalNewsLine.com has a story comparing the litigation-related records of the VP candidates. --BC

Federal Judge Finds Engle Tobacco Order Violates Due Process

Posted on September 10, 2008
Engle v. Liggett Group involved a class action of approximately 700,000 Florida residents against various tobacco manufacturers. In 1999, a jury found in favor of the class and entered specific findings of fact. In 2006, however, the Florida Supreme Court...

McCain v. Obama on Tort Reform

Posted on September 10, 2008
North Carolina Trial Law Blog has a fairly neutral report comparing McCain and Obama's position on tort reform issues. - SBS

Argument Scheduled in Philip Morris III

Posted on September 09, 2008
The Supreme Court has scheduled oral argument for Wednesday, December 3rd in Philip Morris v. Williams (pdf). (Via Cal Punitive Damages). - SBS

ALI-ABA Course on Asbestos Litigation

Posted on September 09, 2008
ALI-ABA is sponsoring a course on Asbestos Litigation on December 4th-5th in San Antonio, Texas. You also can attend via live webcast. Some of the topics include Where Are We Headed? Facts, Figures, Trends The Revival of the State of...

Genetic Evidence in Toxic Tort Litigation

Posted on September 08, 2008
The Drug & Device Blog has a guest post today on that topic and the emerging importance of genetic evidence in toxic tort litigation. Worth a read. --BC

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