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

Six Flags Kinda Defends Maintenance Practices

Posted on April 16, 2008
The headline in the local paper is that Six Flags defended its maintenance practices, but it really doesn't -- it says its people acted appropriately, but doesn't do anything to actually distance itself from the revelations yesterday that the staff...

N.J. Hockey Arena Not Liable for Stray Practice Puck

Posted on April 16, 2008
The New Jersey Law Journal (via law.com) reports on a decision last week by the New Jersey Supreme Court upholding the sports venue "limited duty rule," which applies to objects leaving the field (or ice as the case may be)...

Ghostwriting of Medical Studies

Posted on April 16, 2008
The New York Times examines the practice of ghost-writing medical research studies that are subsequently published in medical journals such as JAMA: The drug maker Merck drafted dozens of research studies for a best-selling drug, then lined up prestigious doctors...

Upcoming Summer Conference on Preemption

Posted on April 15, 2008
Jim Beck & Mark Herrmann (at Drug & Device Blog) will be co-hosting the American Conference Institute's Drug and Device Preemption Conference from July 14-15, 2008, in Philadelphia. The conference is followed by a one-day "junk science summit" on expert...

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Senate Hearing on FDA's 2009 Budget

Posted on April 15, 2008
The Senate Appropriations Committee is holding a hearing today on the FDA's fiscal year 2009 budget. As Business Week (via AP) reports, FDA's advisers recommended boosting the agency's budget by $375 million in the next fiscal year, and the Senate...

Titanic Negligence?

Posted on April 15, 2008
It's only tangentially torts-related, but still, this Talking Points Memo post is pretty interesting (and generally apolitical), exploring the alternative theory being pitched for the cause of the Titanic's sinking. [T]he authors of What Really Sank the Titanic use a...

Virginia Weighs Upping Caps on State Liability

Posted on April 14, 2008
In reaction to the Virginia Tech shootings, the Washington Post reports, several Virginia legislators are considering increasing the cap on state damages, which has been set at $100,000 since 1993. The state has reached an agreement in principle to settle...

Kentucky Kingdom Maintenance Supervisor: Maintenance Ignored

Posted on April 14, 2008
The AP reports that the maintenance staff at Six Flags Kentucky Kingdom failed in several potentially material ways to properly maintain the cables on the drop ride that later severed a girl's feet. The revelation came in the deposition of...

Of Mice and Men, Er, Of Hamsters and Torts

Posted on April 13, 2008
In a torts exam come to life, a woman is suing PetSmart after her husband received a liver from a woman who had been infected by a hamster adopted from PetSmart. Whew. Let's just follow the lines: Hamster gets lymphocytic...

Judge, Lawyers Debate Tort Reform in Texas

Posted on April 12, 2008
A panel discussion becomes a lengthy, informal exchange about the benefits of tort reform in Texas. The Southeast Texas Record has the details. --CJR

Claeys on Land-Use Torts and Theory

Posted on April 11, 2008
Eric Claeys (George Mason) has posted Jefferson Meets Coase: Land-Use Torts, Law and Economics, and Natural Property Rights on SSRN. Here's the abstract: In tort scholarship, conventional wisdom assumes that economic analysis explains doctrine more determinately than philosophical analysis...

50 Cent, Others Sued for Promoting Gangsta Lifestyle

Posted on April 10, 2008
Via ATL, Reuters reports that the victim of an alleged battery by one "Yayo," apparently a friend of 50 Cent and member of his hip-hop group, has sued both the rapper and his label for promoting a violent lifestyle. In...

Wal-Mart Video Archive Helpful in Products Suit

Posted on April 10, 2008
Consumerist has a post (based on a WSJ piece) about the second life of thirty years of videos made for Wal-Mart. The company that did the work evidently retained the rights (oops on Wal-Mart) and Wal-Mart declined to pay as...

Liability Changes Maybe Alive Again in Oklahoma, Only Not Probably for Very Long

Posted on April 10, 2008
Last year, Oklahoma's governor vetoed legislation that would have changed various things in that state's tort system -- capping noneconomic damages at $300K, requiring clear and convincing evidence of intentional conduct or gross negligence for punitive damages, etc...

Abraham: The Liability Century

Posted on April 10, 2008
Kenneth Abraham (Virginia) has just published The Liability Century, now available from The Harvard University Press. HUP describes the book: Kenneth Abraham explores the development and interdependency of the tort liability regime and the insurance system in the United States...

Third Circuit Preemption Win for Manufacturers of Paxil & Zoloft

Posted on April 09, 2008
The Legal Intelligencer (via law.com) reports on a decision filed yesterday by the United States Court of Appeals for the Third Circuit holding that claims that the manufacturers of Paxil and Zoloft failed to warn of a risk of suicide...

Sebok on Second Circuit's Decertification of "Lights" Class Action

Posted on April 09, 2008
In this week's Writ column, Tony Sebok discusses the Second Circuit's recent decision in McLaughlin v. American Tobacco, which reversed Judge Weinstein's certification of the "light cigarettes" class action. The plaintiff class were individuals who had smoked "light" cigarettes...

Heparin Toll Estimate Increased

Posted on April 09, 2008
The Washington Post reports that the FDA has increased its estimate of fatalities from contaminated heparin to 62. The posting said that the reports of allergic reactions or low blood pressure after the administration of heparin do not mean the...

"The Worst Places To Get Sued In America"

Posted on April 08, 2008
In an article yesterday, Forbes reports on "The Worst Places to Get Sued in America." Forbes asked the American Tort Reform Association, which compiles an annual listing of "judicial hellholes," to compile "the worst possible places to be a defendant...

Peggy Sue Apologizes

Posted on April 08, 2008
The New York Daily News reports that Nicholas Cage has settled his libel suit against Kathleen Turner. (Prior post on the suit here). According to the Daily News: [Cage's lawyer] said all the defandants apologized to Cage and will pay...

Rendigs Products Liability Moot Court Competition

Posted on April 07, 2008
I just returned with three of our students from the Rendigs Products Liability Moot Court Competition in Cincinnati, Ohio. The competition, run by the University of Cincinnati College of Law, is now over twenty years old and is a terrific...

Congratulations to Sheila...

Posted on April 05, 2008
...for being one of a handful of nominees for "Teacher of the Year" at the Charleston School of Law. --CJR

Foreign Objects in Food?

Posted on April 04, 2008
Locally we have had several instances of people allegedly finding foreign objects in their food. Negligence? Breach of warranty? Strict products liability? Those are good doctrinal concerns, but don't be hasty. In the first case, a woman found what was...

Complexities in the Bullying Story

Posted on April 03, 2008
The Northwest Arkansas Times (h/t WVC) reports on complexities in the story of Billy Wolfe, the victim of bullying around which the NYT centered a story (earlier post here). In short, while most everyone agrees that Wolfe has been bullied,...

Brooklyn Symposium on Products Restatement

Posted on April 03, 2008
On November 13 and 14, 2008, Brooklyn Law School will host The Products Liability Restatement: Was it a Success?. A program is not yet available, but the participants are confirmed. The legal academics presenting are: Richard Ausness (Kentucky), Anita Bernstein...

More Settlements in RI Club Fire Suits

Posted on April 02, 2008
Three more defendants are close to settlements in the Rhode Island nightclub fire suit in which a pyrotechnics display during a Great White performance ignited a fire at a Rhode Island nightclub, and killed 100 people. According to the report,...

Pet Food Cases Settling

Posted on April 02, 2008
Menu Foods is reportedly settling the hundreds of suits filed against it after its tainted pet food injured or killed numerous pets. A TV report I saw this morning reported that the settlement was in the tens of millions of...

What the Best Law Teachers Do...Nominate Your Best Prof!

Posted on April 01, 2008
Conducting a follow-up to "What the Best College Teachers Do" by Ken Bain, Michael Schwartz (Washburn) is investigating what the best law teachers do. He hopes to "identify the best law teachers in America," "synthesize the principles by which they...

Hot Off the Presses! Charleston Law Review Punitive Damages Symposium Volume

Posted on April 01, 2008
The Charleston Law Review has published its 2008 symposium volume, which contains articles and essays from the punitive damages symposium that we held back in September. Check out the contents: Anthony J. Sebok, After Philip Morris v. Williams: What is...

Chronicle of Higher Education on Peer Review Discovery

Posted on March 31, 2008
The Chronicle of Higher Education has a story (link will explode in five days), quoting me, about Pfizer's efforts to obtain discovery into the peer review process. It is a better story than most, in my view, in terms of...

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