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

MySpace Suit Dismissal Affirmed

Posted on May 19, 2008
A minor (referred to as Julie Doe) sued MySpace after being allegedly sexually assaulted by someone she met through MySpace. Her complaint alleged that her assailant ought not to have been able to access her profile, but that he lied...

Parents to Sue Bat Manufacturer

Posted on May 19, 2008
A couple of years ago, Steven Domalewski was struck and seriously injured when a baseball he'd pitched was hit back into his chest. His parents are now suing the bat manufacturer, as well as against the retailer and Little League...

Carnival Ride Collapses

Posted on May 18, 2008
Thanks to the many folks who contacted me about the collapse of a carnival ride in California; if you haven't heard about it, this story seems to be pretty thorough, with photos as well. An AP story indicates that an...

Rodwin et al. on Malpractice Insurance Premiums

Posted on May 17, 2008
Professor Michael Rustad (Suffolk) passes on a study entitled Malpractice Premiums in Massachusetts, A High-Risk State: 1975 to 2005, performed by his colleague Professor Marc Rodwin and several co-authors. Here is the abstract: Massachusetts has the fourth-highest median malpractice settlement...

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Gottstein Renews Appeal in Zyprexa Leak

Posted on May 16, 2008
Alaska lawyer Jim Gottstein, who essentially served as a conduit between plaintiffs' expert David Egilman and the world (in particular the NYT's Alex Berenson) for documents designated as confidential in the Zyprexa litigation, has renewed his appeal of Judge Weinstein's...

Happy 500 to the Drug & Device Blog

Posted on May 16, 2008
Their celebratory post is here. --BC

Medical Malpractice: Actors, Flaws, and Reform (V)

Posted on May 16, 2008
This is the fifth in a series of posts on medical malpractice litigation. Several previous posts focused on the flaws of uncertainty, delay, and high transaction costs. Next week, I will end the series with a post in which I...

More Amusement Park Safety in the News

Posted on May 15, 2008
The girl whose feet were severed on a ride at Six Flags Kentucky Kingdom traveled to Washington yesterday to advocate, with her parents, for Rep. Markey's bill adding fixed site amusement parks to the CPSC's jurisdiction. The longer the family's...

Two in the UCLA Law Review

Posted on May 15, 2008
The UCLA Law Review has two torts-related articles that may be of interest to our readers. First, Professor Noah Sachs (Richmond) has published Beyond the Liability Wall: Strengthening Tort Remedies in International Environmental Law, 55 UCLA L. Rev. 837 (2008)...

Amusement Safety in the News

Posted on May 14, 2008
Lawyers Weekly USA has a story quoting me on the state of litigation and regulation of the amusement industry. My support for Rep. Markey's bill to give CPSC oversight of fixed site parks is moderate to say the least. I...

Foam Manufacturers Settle RI Nightclub Fire Suit

Posted on May 14, 2008
The ABA Journal reports that several foam insulation manufacturers have agreed to a $30 million settlement in the Rhode Island nightclub fire suit in which a pyrotechnics display during a Great White performance ignited a fire at a Rhode Island...

FDA Asks Congress for Money

Posted on May 14, 2008
As the New York Times reports, the FDA has asked Congress for an "immediate infusion of $275 million to ensure that imported foods, drugs and medical devices are safe." Last week, Senator Herb Kohl, Democrat of Wisconsin, who is chairman...

Two Upcoming Conferences - Off Label Drug Use and Mass Litigation

Posted on May 14, 2008
Two upcoming conferences of note: 1. Off Label Uses of Approved Drugs: Medicine, Law and Policy. Presented by AEI, May 21st, in Washington, DC. ?Off-label? prescribing?that is, doctors prescribing drugs for purposes other than those expressly approved by the Food...

AALS Torts Section: Call for Papers and Call for Nominations

Posted on May 13, 2008
Two AALS-related things: CALL FOR PAPERS FOREIGN TORT LAW: BEYOND EUROPE ASSOCIATION OF AMERICAN LAW SCHOOLS SECTION ON TORTS AND COMPENSATION SYSTEMS San Diego, California January 9, 2009 Injury, particularly human physical injury, is a universal problem...

Why Torts Die

Posted on May 13, 2008
Kyle Graham recently posted his forthcoming article, "Why Torts Die" on SSRN. The abstract provides: Alienation of affections. Claims for insult. Maintenance and champerty. Suits against saloonkeepers for spousal alcoholism. These are just a handful of the many torts that...

Apartheid Suit Continues

Posted on May 13, 2008
As MSNBC (via AP) reports, the United States Supreme Court upheld a Second Circuit decision allowing an Alien Tort Claims Act suit to proceed against various banks and corporations based on their alleged "aiding and abetting" of the apartheid system....

Preemption Legislation Hearing Scheduled

Posted on May 12, 2008
I don't see this up on the Oversight Committee's website yet, but just received this by e-mail: Should FDA Drug and Medical Device Regulation Bar State Liability Claims? Committee on Oversight and Government Reform Wednesday, May 14, 2008, 10:00 AM...

No Arbitration for KBR, At Least Not for All Claims

Posted on May 12, 2008
Jamie Leigh Jones's tort suit against KBR (and its former parent Halliburton) will, after the pure workplace claims are resolved, go to litigation. Details at Forbes (AP story) and TimesOnline; via TortDeform. Past post here. The opinion is here: Download...

Autism/Thimerosol Trial Begins

Posted on May 12, 2008
Pharmalot has the details of the test case focusing on whether the mercury-based preservative in vaccines can by itself cause autism. In related news (though not part of the same case), if I haven't already pointed you to Eric Turkewitz's...

"Trial Lawyers, Inc." and Asbestos

Posted on May 12, 2008
If you're interested in the "elephantine" asbestos situation, you should review the last week or so of Point of Law's asbestos category. Recent posts started with the release of the Manhattan Institute's asbestos report and followup discussions, including AAJ's news...

Bork Settles

Posted on May 10, 2008
Judge Bork has settled his much-maligned slip-and-fall suit, and Eric Turkewitz has a great overview. --BC

Medical Malpractice: Actors, Flaws, and Reform (IV)

Posted on May 09, 2008
Previous posts have discussed the flaws in medical malpractice law as uncertainty, delay, and high transaction costs. Next week, I'll discuss a potential reform. II. Flaws (cont.) After all the time and money spent, aren?t the results of medical malpractice...

Medical Malpractice: Actors, Flaws, and Reform (III)

Posted on May 08, 2008
Last week, I started this series on medical malpractice litigation here and here. This week, I continue with the flaws. II. Flaws (cont.) Delay The uncertainty as to both liability and pain and suffering leads inevitably to delay. As lawyers...

"Fire Safe" Cigarettes Questioned

Posted on May 08, 2008
We've had a rash of fires in the area started by carelessly disposed-of cigarettes. A local TV station notes the contrast with the fact that Massachusetts recently became one of 22 states to require the sale of "fire-safe" cigarettes, and...

Sebok on 1993 WTC Bombing

Posted on May 07, 2008
In his latest FindLaw Writ Column, Tony Sebok addresses the recent decision by the New York Appellate Division affirming the jury's verdict against the Port Authority of New York & New Jersey for the 1993 World Trade Center attack. As...

Fine Against X-Ray Outfit Upheld

Posted on May 07, 2008
So the folks at Provost Umphrey hired MOST Health Services, Inc., to do screening of 161 people for potential silicosis injuries. The screenings took place at various hotels in Pennsylvania. Only problem -- oops! -- MOST didn't comply with the...

Keanu's Excellent Adventure In Punitive Damages

Posted on May 06, 2008
A photographer has filed a personal injury suit against actor Keanu Reeves based on allegations that Reeves struck the photographer with his car. The suit brings negligence and assault & battery claims. The complaint seeks an unspecified amount in compensatory...

"They'll figure out a way to hurt themselves."

Posted on May 06, 2008
So says the owner of a privately-held water park in Illinois: How do you test your rides to ensure they're safe? We ride 'em ourselves. When we are ready to fire up, my team and I will get in our...

Lawsuits - One Reason Not To Become A Doctor

Posted on May 06, 2008
Chris has been posting a series on Medical Malpractice: Actors, Flaws and Reforms. (Second post in series here). In an article yesterday, Forbes reported on "Reasons Not To Become A Doctor." Forbes identifies malpractice lawsuits as one of the reasons:...

Study on Texas Liability Modifications

Posted on May 05, 2008
Texans for Lawsuit Reform commissioned a study on the effects of the various reforms in that state over the past couple of decades. That study (PDF of report, article in The Monitor) concludes that "the reforms [since 1995] have resulted...

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