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Personal Injury Law

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Post Frequency: 5.1/day

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

Weinstein Unseals Zyprexa Documents

Posted on September 08, 2008
The NYT piece is here; the opinion (long! PDF!) is here. The vast bulk of the opinion relates to certification of a class for institutional payors and denial of a class for individual payors; only at the end are the...

Teaching the Distinction Between Assault and Battery

Posted on September 06, 2008
Teaching assault and battery is always fun, as is demonstrating the two are independent torts. The example I have used when teaching there can be a battery without assault (no apprehension) is that a student could sneak up behind me...

Personal Injury Roundup No. 6 (9/5/08)

Posted on September 05, 2008
In a week that saw hurricanes and the Republican National Convention, here's what happened in torts. Reform, Legislation, Policy TX liability reforms and a plunge in premiums and lawsuits (amednews.com) (Via Point of Law) A call for a cerebral palsy....

Ongoing Zyprexa Documents Fiesta

Posted on September 04, 2008
Pharmalot has details; Jim Gottstein (the Alaskan lawyer in the middle of a lot of the document hullabaloo) is seeking to unseal some of the documents as part of his renewed effort to fight Judge Weinstein's injunction, while Lilly objects....

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Great White Settles

Posted on September 04, 2008
I've had a number of posts about the litigation resulting from the fatal fire at The Station nightclub in Rhode Island during a Great White concert. The band itself has now chipped in, adding about $1 million to a total...

First Set of Merits Briefs in Philip Morris v. Williams III

Posted on September 03, 2008
Cal Punitive Damages has posted links to the opening set of merits briefs in Philip Morris v. Williams III. The Court granted review back in June on the first question presented: "Whether, after this Court has adjudicated the merits on...

Expedited Trial Date Sought in Six Flags Kentucky Kingdom Case

Posted on September 02, 2008
Over a year ago, Katie Lassiter's feet were severed while riding the Superman: Tower of Power at Six Flags Kentucky Kingdom. As I noted in July, the judge set a trial date in January 2010. The plaintiffs have now requested...

ABA Teleconference on Preemption - Next Tuesday 9/9

Posted on September 02, 2008
The American Bar Association is sponsoring a one-hour teleconference on "State Tort Remedies for Consumers: Here Today, Gone Tomorrow? Assessing the Supreme Court Preemption Cases" on Tuesday, September 9th from 3:00 to 4:00 pm EST. In its 2007 Term, the...

Palin on Exxon Shipping v. Baker

Posted on September 02, 2008
Senator John McCain's running mate, Alaska Governor Sarah Palin, comments on Exxon Shipping v. Baker, in which the Supreme Court reduced the punitive damages award to $515 million. In the interview (from last June), Palin expressed her "disappointment" in the...

Another Injury in a Restricted Area at a Six Flags

Posted on September 01, 2008
This one's at Six Flags Magic Mountain, where a man was hit by the Ninja suspended roller coaster. According to initial reports, it's another situation where a patron was going to retrieve a hat and got over a fairly tall...

NY: Gov. Paterson Suspends Increases in Med Mal Premiums

Posted on August 30, 2008
From the Kaiser Network: New York: Gov. David Paterson (D) on Friday enacted a one-year moratorium on medical malpractice insurance rate increases, the New York Post reports. The moratorium, which will last until June 2009, could halt increases of up...

Personal Injury Roundup No. 5 (8/29/2008)

Posted on August 29, 2008
Labor Day weekend marks the unofficial end of summer. Down here in the south, we are keeping an eye on Gustav and Hannah as we prepare for our end-of-season cookouts. Reform, Legislation, Policy NAM reviews Senator Biden's voting record on...

Stier on Issue Preclusion in Mass Torts

Posted on August 28, 2008
Our Mass Tort Lit Blog colleague, Byron Stier, has posted on Bepress Another Jackpot (In)Justice: Verdict Variability and Issue Preclusion in Mass Torts. The piece is essentially part II to Stier's similarly titled article on mass tort class actions. Here...

Sebok on Loser Pays

Posted on August 28, 2008
Tony Sebok participated in last week's NewTalk discussion of loser-pays rules. He's now posted a Writ column about both NewTalk and the subject. --BC

Biden & Asbestos

Posted on August 28, 2008
Sen. Joe Biden's connections to asbestos plaintiffs' lawyers has gotten a fair bit of attention. Go here to find links to a pretty good sampling of the coverage. --BC

Symeonides on Products Liability Conflicts

Posted on August 27, 2008
Symeon C. Symeonides (Williamette) has posted his 2004 Tulane article, "Choice of Law for Products Liability: The 1990s and Beyond," on SSRN. The abstract provides: This Article provides a comprehensive review of product-liability conflicts cases decided by American courts between...

You Think Your Family Has Issues?

Posted on August 26, 2008
The WSJ Law Blog reports on a civil suit filed by Blackstone executive David Blitzer against his father-in-law Stuart Ross. According to the Law Blog, "[i]n the civil suit filed Friday ... Blitzer accuses Ross of stealing $195,000 from him....

The FDA's New CBE Rule

Posted on August 25, 2008
The FDA issued a new final rule [PDF] relating to "changes being effected" -- i.e., changes that a drug manufacturer can make to its label without advance permission. The focus of the changes is on emphasizing that it relates to...

Big Caffeine?

Posted on August 25, 2008
Is "big caffeine" the next "big tobacco"? Timothy Sandefur of Pacific Legal Foundation thinks it is possible, while James Speta (Northwestern) disagrees. LegalNewsline reports. - SBS

Torts at 11:00...

Posted on August 23, 2008
Larry Mendte and Alycia Lane co-anchored the evening news for four years on KYW-TV, a CBS affiliate in my former hometown of Philadelphia. The station was gaining on the dominant ABC affiliate when the wheels flew off. Lane was arrested...

Personal Injury Roundup No. 4 (8/22/2008)

Posted on August 22, 2008
We had our orientation at WNEC Law this week, and classes start in just a couple of days. And me? I've got my fantasy football draft on Saturday. (And by the way, the commissioner is Christopher Harris of ESPN fantasy...

Epstein on Preemption

Posted on August 21, 2008
Over at the Northwestern Colloquy, Richard Epstein has published The Case for Field Preemption of State Laws in Drug Cases. --CJR

Bigfoot Hoax to Trigger Lawsuit

Posted on August 21, 2008
A friend, in discussing the fact that the alleged Bigfoot turned out to be a frozen rubber suit, noted that "the bigfoot business seems like a good one to get into, so long as you never claim to discover anything...

Ties Between Physicians and Pharmaceutical Companies

Posted on August 21, 2008
CNN has a piece on the relationship between physicians and pharmaceutical companies here. --CJR

Robbennolt on Apologies

Posted on August 21, 2008
I continue to be fascinated by the apology movement. I'm about to take a serious look at the literature on apologies/explanations and medical malpractice. Jennifer Robbennolt (Illinois) has recently posted Apologies and Settlement Levers on SSRN. The piece presents empirical...

City, State Settle Station Lawsuit

Posted on August 20, 2008
The last two major defendants have settled in the lawsuits arising from the fire at The Station nightclub in West Warwick, Rhode Island, that killed 100 people. Rhode Island and West Warwick have each agreed to pay $10 million, bringing...

Mercury-In-Tuna Class Action Gets Green Light

Posted on August 20, 2008
The Legal Intelligencer (via law.com) reports that the Third Circuit has reversed the dismissal of a class action against the manufacturer of Chicken-of-the-Sea brand tuna. The suit alleges that the company failed to warn consumers that excessive tuna consumption could...

Loser Pays: Good or Bad?

Posted on August 20, 2008
That's the question addressed in detail at NewTalk.org, with comments from people all over the spectrum. --BC

Welcome back, law students everywhere!

Posted on August 20, 2008
Today is the start of orientation at my law school and I assume many others are starting now too. Congratulations! You're (probably) going to (mostly) have fun. If you're a 1L, don't be scared off by the name of this...

Sebok on Public Use of Private Lawyers

Posted on August 19, 2008
In last week's Findlaw column, Tony Sebok discussed County of Santa Clara v. Superior Court, which is on appeal to the California Supreme Court regarding whether a public entity may retain private counsel to prosecute a public nuisance abatement action...

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