TortsProf Blog: Personal Injury Law

Home -> Law Blog Directory -> Personal Injury Law Blogs

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Personal Injury Law

TortsProf Blog

Post Frequency: 5.1/day

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

Plaintiff's Verdict in First Mirapex Trial; Second One Already Going

Posted on July 31, 2008
So reports Pharmalot. No damages set as yet. --BC

Torts in Missouri Politics

Posted on July 31, 2008
For the most part, certainly at the national level, tort issues have not been central to campaigning, at least so far this year. But this ad has been released in a Missouri race, attacking a Republican candidate for the U.S....

Schuck on New Zealand Accident Law

Posted on July 31, 2008
Peter Schuck (Yale/NYU) has posted Tort Reform, Kiwi-Style on SSRN. Here is the abstract: American legal scholars and social scientists have long been intrigued by New Zealand's accident compensation system, which essentially abolished common law tort almost 40 years ago...

Six Flags Case Muddles Along

Posted on July 30, 2008
It's been a year since Katie Lasitter's feet were severed by the Superman: Tower of Power ride at Six Flags Kentucky Kingdom, and it astonishes me that the case is still going even now, especially after the various revelations since...

To access this complete feed in the blog feed reader login or register for free.

CPSC Reform Bill Moves Forward

Posted on July 30, 2008
A conference committee has reached an agreement on a bill to reform the Consumer Product Safety Commission (CPSC). The House passed a reform bill in December 2007, and the Senate passed its own measure in March 2008. Differences between the...

Mandatory Country of Origin Labeling

Posted on July 30, 2008
Yesterday, U.S. Department of Agriculture issued a new rule requiring meat, fruit, vegetable and nut retailers to notify customers of the food's country of origin. The rule takes effect September 30, 2008. - SBS

The Personal Injury Roundup is Dead! Long Live the Personal Injury Roundup!

Posted on July 29, 2008
Most of our readers probably know about the personal injury roundup -- it started and then stopped with Eric Turkewitz, then went to Brooks Schuelke, who announced last week its demise. Well, we're going to take a shot at it...

Updated: List of Pharma-Free Experts Published

Posted on July 29, 2008
A few months back, Shannon Brownlee and Jeanne Lenzer wrote on Slate about potential conflicts of interest, addressing doctors who had received funds from pharma talking about SSRIs on public radio. They stated that they'd created a list of pharma-free...

California Supreme Court Accepts Case On Public Use of Private Lawyers

Posted on July 29, 2008
The California Supreme Court has accepted review in County of Santa Clara v. Superior Court (S163681). The question presented is whether a public entity may retain private counsel to prosecute a public nuisance abatement action under a contingency fee agreement...

No Punitive Damages for NY Smokers

Posted on July 29, 2008
In a decision last week, the New York Appellate Division (First Dept.) held that individual punitive damages claims by NY smokers are barred by the doctrine of res judicata. The court reasoned that the 1998 Master Settlement Agreement with the...

CJD: "Racial prejudice lurks behind the 'tort reform' movement"

Posted on July 28, 2008
That's the conclusion of an article in the Washington University Journal of Law & Policy (with a 2007 citation date, but the press release is today). The article is available here [PDF], written by the president of and an attorney...

Zyprexa Protective Order Piece Published

Posted on July 28, 2008
It took a bit longer than I expected, but my article, When the Bell Can't be Unrung: Document Leaks and Protective Orders in Mass Tort Litigation, is now out in The Review of Litigation (the article is not online there,...

Mirapex Bellwether Trials Starting

Posted on July 28, 2008
The Minneapolis Star Tribune reports that the first of three bellwether trials have started in Minneapolis (in front of my judge), testing the case for the link between Parkinson's/restless leg syndrome drug Mirapex and compulsive gambling. The first cases are...

A.M. Best: Med Mal Leads Captives' Premium Decline

Posted on July 26, 2008
From the Wall Street Journal's Market Watch: OLDWICK, N.J., Jul 25, 2008 (BUSINESS WIRE) -- Falling medical malpractice premiums led to a 15% drop in net premiums written between 2006 and 2007 for a composite of captive insurance companies, but...

Granite Countertops: The Next Wave of Tort Suits?

Posted on July 25, 2008
Sometimes the first sentence of an article says it all: Plaintiffs lawyers are advertising on the Internet for clients whose granite countertops are emitting high levels of radon. If necessary, the rest of the story from the ABA Journal is...

Massachusetts Accepts Loss of Chance Doctrine

Posted on July 25, 2008
On Wednesday, the Massachusetts Supreme Judicial Court acknowledged, for the first time, that the loss of chance doctrine was good law in that jurisdiction: "Where a physician's negligence reduces or eliminates the patient's prospects for achieving a more favorable medical...

Sharkey on Preemption, Part II

Posted on July 24, 2008
The Northwestern University Law Review's Colloquy has just uploaded part II of Cathy Sharkey's essay What Riegel Portends for FDA Preemption of State Law Products Liability Claims. --CJR

Hilden on Defamation Online

Posted on July 24, 2008
Julie Hilden's column this week on Writ discusses some advantages held by online news sources in the context of defamation litigation (focused largely on the shallow pockets of bloggers) and suggests some ways that bigger players might achieve similar results...

Sharkey on Preemption

Posted on July 21, 2008
This morning, the Northwestern University Law Review's Colloquy posted part I of Cathy Sharkey's What Riegel Portends for FDA Preemption of State Law Products Liability Claims. Part II will be available on Thursday. --CJR

New FDA Dissent Website

Posted on July 21, 2008
A very interesting new site, Thoreau-FDA.com, has been launched, purportedly by current and former FDA employees concerned about the operation of the FDA, in particular in drug review, and in particular about directives from "upper management." The domain is registered...

Kaiser Family Foundation on Candidates' Healthcare Proposals

Posted on July 21, 2008
The Kaiser Family Foundation, through its Health08.org website, has posted [PDF] a side-by-side comparison of the presidential candidates' proposals for healthcare policy. Sen. McCain cites "tort reform" as a way to reduce costs. On a fairly cursory review of the...

Privacy Suit for Taping Sex

Posted on July 19, 2008
In May, I discussed a potential privacy claim (in the abstract) based on surreptitious taping of consensual sex. Now suit has been filed, alleging not only invasion of privacy but infliction of emotional distress. Stay tuned. --CJR

Perry on Economic Loss

Posted on July 18, 2008
Ronen Perry (Haifa/NYU) has posted The Economic Bias in Tort Law on SSRN. Here is the abstract: Economic loss is moving to the forefront of tort discourse on both sides of the Atlantic. A Council draft of the Restatement (Third)...

NC Scales Back Med Mal Payment Disclosure

Posted on July 17, 2008
Yesterday the North Carolina Medical Board voted to scale back its public disclosure of medical malpractice payments by physicians. The Board decided to post only those payments in excess of $25,000, and also limited the time frame for disclosure. Rather...

And with that, a surgeon's insurer's head explodes

Posted on July 16, 2008
Just imagine your day if you are the insurer for Steven Kirshner, an orthopedic surgeon. You're filing through the complaints filed against your various insureds -- malpractice, failure to diagnose, failure to treat properly, and...huh? Putting a temporary tattoo of...

"No One To Sue" In Salmonella Outbreak

Posted on July 16, 2008
The WSJ Law Blog recently interviewed Bill Marler, a partner at the six lawyer MarlerClark - "a practice dedicated to representing victims of food poisoning," about the salmonella outbreak. Marler reported that his firm did have a few salmonella clients,...

Hezbollah Victims Sue Banks

Posted on July 16, 2008
Victims of a 2006 Hezbollah rocket attack in Israel filed suit last week in New York state court against American Express Bank Ltd. and the Lebanese-Canadian Bank SAL. The suit alleges that the banks aided and abetted the attack by...

Sebok on Rhode Island Lead Paint Decision

Posted on July 15, 2008
In last week's Writ column, Tony Sebok (Cardozo) analyzed the Rhode Island Supreme Court's decision rejecting the State's public nuisance claim against the lead paint industry. (Prior post here). Sebok calls the decision "a model of common law reasoning," and...

The Slippery Slope - A Legal Variety Podcast

Posted on July 15, 2008
Technically, this post is not torts-related, though the name of this new blog sure sounds like it could be.... Check out The Slippery Slope, "a legal variety podcast" by Professor Meredith Miller (Touro). The podcasts do not focus on any...

Same Sex Partner Can't Sue for Med Mal

Posted on July 14, 2008
Cynthia Kalish married her partner as soon as it was legally permitted in Massachusetts, but the Massachusetts SJC ruled that she can't be a plaintiff in a med mal suit related to injuries prior to the marriage. The Boston Globe...

Previous | Next

Related Law Bulletins

New Baptist Covenant Blog
Last week, I pointed to the New Baptist Convenant website, now onl...

The Mexico Trucker Blog
I've written before about the perceived problems with relaxed rest...