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Personal Injury Law

TortsProf Blog

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

Illinois Med-Mal Reforms Headed to IL Supreme Court

Posted on August 19, 2008
The St. Louis Post-Dispatch reports that "[a] lawsuit testing the constitutionality of Illinois' medical malpractice reforms is expected to come before the state's Supreme Court this fall ? and with it the very real possibility that the law will be...

A day off

Posted on August 18, 2008
I'm traveling with less access than expected. We will return to posting tomorrow, however. --BC

Klein on Comparative Fault and Fraud

Posted on August 16, 2008
Andrew Klein (Indiana-Indianapolis) has posted Comparative Fault and Fraud on SSRN. Here is the abstract: The evolution of comparative fault is among this generation's most important tort law developments. Today, nearly every state follows some form of the rule, seeking...

Personal Injury Roundup No. 3 (8/15/2008)

Posted on August 15, 2008
Week 3 of the Roundup finds most TortsProfs preparing to return to the classroom. Here's what happened while the syllabi and final footnotes were polished. Reform, Legislation, Policy Attorneys consider a constitutional challenge to Maryland's cap on punitive damages ($650,000...

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Accounting & Torts

Posted on August 14, 2008
There's a proposal by the Financial Accounting Standards Board to require publicly-traded companies to disclose "estimated costs" of pending litigation. As you can imagine, this is causing some angst among those companies with significant but hard-to-predict exposure who predict that...

Swedloff on Tort Remedies for Medicare Beneficiaries

Posted on August 14, 2008
Rick Swedloff (Rutgers-Camden) has posted Can't Settle, Can't Sue: How Congress Stole Tort Remedies from Medicare Beneficiaries on SSRN. Here is the abstract: In 2003, with no debate, Congress amended the Medicare Secondary Payer Act (the "MSP") to make it...

Nancy Grace Suit Proceeding

Posted on August 13, 2008
WSJ Law Blog has details of the judge's ruling denying the defendant's motion to dismiss; we posted on the case back in 2006 with the background. --BC

O'Connell & Robinette Publish New Book on Tort Reform

Posted on August 13, 2008
Jeffrey O'Connell (Virginia) and TortsProf's Chris Robinette (Widener) have just published A Recipe for Balanced Tort Reform - Early Offers with Swift Settlements: This book begins with detailed and evocative accounts of the workings of several actual personal injury cases...

New Massachusetts Law On Drug Marketing

Posted on August 13, 2008
On Sunday, August 10th, Massachusetts Governor Deval Patrick signed Senate Bill 2863, which requires the Massachusetts Department of Public Health to establish a marketing code of conduct for prescription drugs and medical devices. The law takes effect January 1, 2009...

Richard Dreyfus Seeks Punitive Damages Against Dad

Posted on August 12, 2008
Cal Punitive Damages notes that Dreyfus has sued his uncle and father for malice and fraud in connection with an unpaid loan, and seeks repayment, interest, and yes, punitive damages. - SBS

Two Legal Malpractice Cases

Posted on August 12, 2008
First, the Legal Times (via law.com) reports that a jury awarded $500,000 against DC-based plaintiffs' firm Cohen Millstein for malpractice in an underlying case against a stockbroker. Next up - the Legal Intelligencer (via law.com) reports that a Pennsylvania judge...

Liptak on Partisan Experts

Posted on August 11, 2008
Here, focusing more on the criminal side, though it's certainly applicable across the board. The "hot tubbing" approach is particularly interesting. --BC

Lawyers & the Presidential Election

Posted on August 11, 2008
Interesting piece in Forbes, noting first the easy theme (lots more lawyer money to Obama than McCain), but also observing that it's slightly more complicated (much of the lawyer money comes from defense firms lawyers who work at predominantly defense...

Cavalier on Punitive Damages In France

Posted on August 09, 2008
Georges Cavalier has posted "Punitive Damages and French Public Policy" on SSRN. The abstract provides: When asked whether French law admits punitive damages, Professor Durry, a prominent French academic, responded: "No, No, and No!; three times No! But...

Personal Injury Roundup No. 2 (8/8/2008)

Posted on August 08, 2008
We hope to have a "Roundup" category in the near future. In the meantime, however, you can find previous editions of the Roundup by scrolling under the Current Affairs category (in the Topical Archive off to the lower right). Now...

Sebok on "Loss of Chance" Doctrine

Posted on August 08, 2008
In this week's Findlaw column, Tony Sebok discusses the Massachusetts Supreme Court's decision holding that the "loss of chance" doctrine is part of that state's common law. Sebok predicts that "the Massachusetts decision will influence other state supreme courts...

Updated (3X): ISO Defendant

Posted on August 07, 2008
Time reports that a new website - WhoCanISue.com - will debut next month: The new website plans to help consumers determine whether they actually have a case and help them find an attorney from a list of lawyers who advertise...

Goldberg Moves to Harvard

Posted on August 07, 2008
From Brian Leiter: John C.P. Goldberg is moving from Vanderbilt to Harvard. - SBS

Speaking of Funding Bias...

Posted on August 07, 2008
David Michaels of SKAPP forwarded me an interesting order I missed the first time around in the welding rod litigation in the Northern District of Ohio. In it, the judge ordered (Welding_rod_funding_order.pdf [PDF]) that both sides disclose the extent of...

More on the "Pharma-Free" Expert List

Posted on August 06, 2008
Shannon Brownlee has written a post for Pharmalot describing her views on the list she helped put together of (mostly) pharma-free experts (see various links in last week's roundup). Her bottom line seems fairly reasonable to me: they agree that...

Animal Law Conversation at Slippery Slope

Posted on August 06, 2008
Over at The Slippery Slope, Meredith Miller (Touro) discusses animal law with Adam Karp, a Washington (State) animal law lawyer and adjunct professor of animal law at both the University of Washington and Seattle University. Around the half-way point (12...

Becker & Posner on Government Regulation of Fast Food

Posted on August 06, 2008
Over at the Becker-Posner Blog, Gary Becker (Chicago) and Judge Richard Posner debate the wisdom of government regulation of fast food, such as New York City's requirement that calories be posted on menus (prior posts here and here). Professor Becker...

Depoorter & DeMot on Technology and Torts

Posted on August 05, 2008
"Highly recommended" by Larry Solum - Technology & Torts: A Theory of Memory Costs, Nondurable Precautions and Interference Effects by Ben Depoorter (U Miami) and Jef De Mot (Ghent). The abstract provides: This Article amends an important theory by Mark...

Less Cancer Causing Chemicals in Your Tater Tots

Posted on August 05, 2008
Four food manufacturers - Heinz, Frito Lay, Lance and Kettle Foods - have settled a suit by California's attorney general alleging that they violated the Safe Drinking Water and Toxic Enforcement Act by failing to post warnings of the cancer-causing....

Anti-Preemption Bill Introduced

Posted on August 04, 2008
Point of Law has the relevant links. --BC

More Scruggs Allegations

Posted on August 04, 2008
LegalNewsline.com has excerpts from a deposition taken of Dickie Scruggs in which he asserts his Fifth Amendment right not to answer repeatedly. From the questions, taken by an attorney for State Farm, it appears that the company is focusing on...

More on that Allstate Case

Posted on August 03, 2008
In the first roundup, I noted the affirmance of a $16 million punitive awards judgment against Allstate. At Overlaywered, Ted has more details arguing against the judgment. --BC

Vars on Med Mal Consent

Posted on August 02, 2008
Fredrick Vars (Alabama) has posted Illusory Consent: When an Incapacitated Patient Agrees to Treatment on SSRN. Here is the abstract: Medical treatment requires informed consent, which in turn requires decision making capacity. When a patient with questionable capacity does not...

Updated: AutoAdmit Amended Complaint Coming; Will ID Defendants

Posted on August 01, 2008
Details here, with interesting quotes about the import, or not, of the de-anonymizing. The NYT has posted a piece from this Sunday's magazine discussing Internet trolls, including those involved in the AutoAdmit case. --BC

Personal Injury Roundup No. 1 (8/1/2008)

Posted on August 01, 2008
Welcome to the first Personal Injury Roundup (and, like Eric, I've no idea whether it should be "round up," "round-up", or "roundup," but let's go with "roundup") on TortsProf. We hope to maintain the quality of his year doing it...

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