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

Scalia Is Not Fond of the Press Reporting on Preemption

Posted on March 31, 2008
Eric Posner, on the new Slate law blog, has more on Scalia's criticism of press coverage, finding that, indeed, some coverage of the Riegel preemption ruling suggested that the Court just decided it liked the FDA, and that tort suits...

King on the Common Knowledge Exception

Posted on March 29, 2008
Joseph King (Tennessee) has published an interesting article: The Common Knowledge Exception to the Expert Testimony Requirement for Establishing the Standard of Care in Medical Malpractice, 59 Ala. L. Rev. 51 (2008). In the piece, King wrestles with one of...

Are Insurers Responsible for High Malpractice Premiums?

Posted on March 28, 2008
That's the view in this op/ed piece in today's Concord Monitor. On the one hand, the author, Christopher J. Seufert, is a trial lawyer. He has a financial stake in the argument, and one should take the opinion with a...

Hylton on Nuisance and Environmental Regulation

Posted on March 28, 2008
Keith Hylton has posted on SSRN The Economic Theory of Nuisance Law and Implications for Environmental Regulation. Here's the abstract: I explore the economic structure of nuisance law as a mechanism for regulating environmental interferences and propose a modernized enforcement...

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Baker at WNEC on "The Medical Malpractice Myth"

Posted on March 27, 2008
My colleague Barbara Noah has helped put together this event: On April 1st, 2008, Professor Tom Baker, Connecticut Mutual Professor of Law and Director of the Insurance Law Center at the University of Connecticut, will present "Confronting the Medical Malpractice...

Torts Prof Rawks

Posted on March 27, 2008
Andrew McClurg (Memphis) is an accomplished torts scholar and teacher, and now we know he can also rawk: That's him singing. --BC

How Much Does One Big Accident Cost?

Posted on March 27, 2008
Quite a number of people were injured on the Son of Beast roller coaster at Paramount's Kings Island in Ohio in 2006 when a timber in the support structure broke. The ride went through extensive reworkings, including the complete removal...

Sebok on "New Duty" for New Jersey Restaurants to Protect Bar Patrons

Posted on March 26, 2008
In this week's Writ Column on FindLaw, Tony Sebok analyzes an interesting dram shop case in New Jersey: Bauer v. Nesbitt. As Sebok explains, Bauer involved several young men who were drinking at the C View Inn in Cape May,...

Is the FDA Tougher Than Its European Counterpart?

Posted on March 26, 2008
Today's Wall Street Journal includes an interesting article by Jeanne Whalen comparing the FDA's approval process for new drug applications with the European process: It is unclear whether getting FDA approval has become tougher than getting approval from its European...

Hillary on Tort Reform

Posted on March 25, 2008
MedPage Today reports on a conversation with Neera Tanden, the chief policy director for Senator Hillary Clinton's presidential campaign. The interview included Senator Clinton's position on tort reform: On tort reform, Clinton and Obama see practically eye to eye...

Neurontin Class Action Against Pfizer Includes Generic Purchasers

Posted on March 25, 2008
As the Philadelphia Legal Intelligencer (via law.com) reports, Philadelphia Common Pleas Judge Mark I. Bernstein has held that Pfizer can be held liable for off-label marketing of the generic version of its epilepsy drug, Neurontin: The plaintiffs in the class...

Bullying and Litigation

Posted on March 24, 2008
The NYT today has a story about a now-fifteen-year-old boy in Fayetteville, Arkansas, who has been subjected to endless and merciless bullying over the years. As the story notes, it's not at all clear why he's been targeted the way...

2003 Photos Show Bends in Minnesota Bridge Gusset Plates

Posted on March 24, 2008
In news that is certain to be central to litigation over the Minnesota bridge collapse, the AP (via the Washington Post) reports that 2003 photos showed bends in gusset plates that are now believed to be among the key failure...

What is Wrong with Tort Law? Discuss.

Posted on March 22, 2008
This morning, Walter Olson points his Overlawyered readers to a post and comments on Coyote Blog. The discussion was initiated because of comments by jurors in the Ritter med mal case that they were torn between sympathy for the family...

Gibson on Doctrinal Feedback and the Standard of Care

Posted on March 21, 2008
James Gibson (Richmond, Visiting at Virginia) has posted on SSRN Doctrinal Feedback and (Un)Reasonable Care. In this piece, Gibson discusses the relationship between an abstract legal standard (e.g., reasonable care) and the "real world" to which the standard is applied...

Peer Review & Discovery

Posted on March 21, 2008
I'm traveling (and writing this in a dark hotel room with the rest of my family asleep, so forgive incoherence), and so haven't been following it all carefully, but In The Pipeline notes, in connection with Pfizer's efforts to take...

Washington AG Decries Costs of Tort Law

Posted on March 21, 2008
On Wednesday, the Attorney General of Washington, Rob McKenna(R), faulted tort law for siphoning away scarce government resources. He cited the lack of boundaries on claims and Washington's continued use of joint-and-several liability. He also compared Washington's annual tort payments...

Tort Reform Dead Again in Hawaii

Posted on March 20, 2008
After passing the Health Committee, the Hawaiian tort reform bill moved to the House floor, where the House agreed by voice vote to send the bill back to committee. The Honolulu Advertiser has more. State KHNL reports that Rep. Josh...

Torts at the Stadium

Posted on March 20, 2008
A 60-foot escalator allegedly malfunctioned at Giants Stadium in late December, immediately following the Giants-Patriots game. The Star-Ledger reports that eight people have filed notices to sue the New Jersey Sports and Exposition Authority. Several of the reported claims are...

"Sorry Works!" - Apology to Prevent Med Mal Claims

Posted on March 19, 2008
I just read "Sorry Works!" by Doug Wojcieszak, James W. Saxton, and Maggie M. Finkelstein. I found the book's premise to be very interesting. The book argues that medical malpratice suits could be avoided through "disclosure and apology" programs. Sorry...

Katrina Victims Sue FEMA

Posted on March 19, 2008
Hurricane Katrina victims have added the Federal Emergency Management Agency to their suit against the manufacturers of trailers provided to the victims for emergency housing following the hurricane. The suit alleges that the trailers contained hazardous fumes that caused the...

The Pet Food Recalls - One Year Later

Posted on March 18, 2008
Kim Campbell Thornton has an interesting article at MSNBC reviewing the state of the law one-year after the biggest pet food recall in U.S. history: While pet food safety legislation has been passed and an industry commission has made recommendations...

Update: Tort Reform Alive Again in Hawaii

Posted on March 18, 2008
We've been following the on-again, off-again tort reform efforts in Hawaii for the past month or so. As Chris recently mentioned, the original bill died in the judiciary committee at the end of February. Now, it appears back "on again."...

Green on Corporate Punishment

Posted on March 17, 2008
In light of the recent Crimtorts Symposium at Widener, I find this piece by Christopher Green (Mississippi) quite interesting: The Food-Chain Issue for Corporate Punishment: What Criminal Law and Punitive Damages Can Learn from Each Other. Here's the abstract: The...

Med Mal: Torts v. Contracts

Posted on March 16, 2008
Jennifer Arlen (NYU) has posted to SSRN a new paper, "Contracting over Malpractice Liability," discussing the recent trend towards advocating for a contractual resolution of medical malpractice rather than a tort one. The abstract: Proponents of contractual liability assert that...

Comparative Tort Law: India

Posted on March 15, 2008
Indlaw.com has an interesting essay about tort law in India. The author concludes: [I]t is quite obvious that there is no need to centralize the law of tort. Nuisance, negligence, defamation etc. are independent of each other and there are...

Ritter Jury: Defense Verdict

Posted on March 14, 2008
A California jury has just returned a defense verdict in favor of a cardiologist and a radiologist in the 2003 death of actor John Ritter. Ritter's family had filed a medical malpractice action for $67 million. CNN has the story....

PA Judge: No Preemption in Paxil Labeling Suit

Posted on March 14, 2008
Judge Allan L. Tereshko, the coordinating judge of Philadelphia Common Pleas Court's Complex Litigation Program, denied GlaxoSmithKline's preemption-based motion for summary judgment on Tuesday. The court held that federal law does not preempt state law claims that the pharmaceutical company...

Tort Reform Update: Colorado

Posted on March 14, 2008
The bill to raise the noneconomic damages cap (from $300,000 to approximately $460,000) in medical malpractice cases has been stalled, at least temporarily. A House committee delayed the bill on Wednesday after doctors issued dire warnings about physician shortages and...

"Day on Torts" Returns

Posted on March 13, 2008
Regular readers of "Day on Torts" know that John Day has been on a weeks-long hiatus to try a med mal case. Today he is back, with a post on the outcome. --CJR

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