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

Downer Cows in the Meat Supply

Posted on March 12, 2008
The president of the meat company that the Humane Society caught abusing cattle had a rough day in Congress, as the WSJ law blog reports. Remarkably, he claimed not to have seen the video that got rather a lot of...

Oregon Supreme Court Sets 4 to1 Ratio on Punitive Damages in Economic Injury Cases

Posted on March 12, 2008
In a decision released last week, the Oregon Supreme Court has set a presumptive 4 to 1 ratio for punitive damages in economic injury cases: "[A]s a very general rule of thumb, the federal constitution prohibits any punitive damages award...

PRI 2008 Tort Liability Index Released

Posted on March 12, 2008
The Pacific Research Institute has released its 2008 Tort Liability Index [pdf]. The report "measures the best and worst tort systems in America." The top 5 "best" states were, in order: North Dakota, Alaska, North Carolina, Iowa and Virginia. The...

Another Celebrity Libel Suit

Posted on March 11, 2008
London's High Court is busy with libel suits by American celebrities. The latest is a suit by Lisa Marie Presley against the British paper Daily Mail. As the AP reports, the suit is based on a newspaper article that alleged...

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Georgia Supreme Court Upholds Expert Witness Part of 2005 Tort Reform Law

Posted on March 11, 2008
In Mason v. Home Depot [pdf], the Georgia Supreme Court on Monday upheld the expert witness section (Section 7) of Georgia's 2005 tort reform law. Under this provision, expert witnesses in civil cases are subject to more stringent requirements than...

Who Doesn't Like Accordions? Hmm?

Posted on March 10, 2008
I know nothing about Hanson Bridgett in San Francisco except that they did a pretty hilarious video: They do have a Products Liability practice, so is that close enough to make it fit on the TortsProf blog? I declare yes....

Drugs in Water

Posted on March 10, 2008
The AP found dozens of prescription drugs in the drinking water supplies of various cities. As the story notes, patients' bodies don't absorb all of the relevant compounds (the package insert even specifies absorption, if memory serves), and so some....

Happy Birthday, PI Roundup!

Posted on March 09, 2008
Started by Eric Turkewitz, and now run by Brooks Schuelke, the weekly personal injury law roundup turned one last week. If it's not already weekly reading for you, it should be. It's a good overview of personal injury law developments...

Medical Malpractice, Tort Reform, and Insurance Reserves

Posted on March 08, 2008
A side-effect of Colorado's debate about raising the cap for noneconomic damages in med mal cases is a dispute over the size of the reserve of COPIC, the largest malpractice insurer in the state. The Denver Business Journal has the...

Peters on Health Courts

Posted on March 07, 2008
The Boston University Law Review has Philip G. Peters, Jr.'s latest work on health courts (88 B.U. L. Rev. 227 (2008) [pdf]). In the piece, Peters critiques the most recent legislation proposing separating medical malpractice cases from the traditional civil...

Top 10 Recent SSRN Torts Downloads

Posted on March 07, 2008
1 308 Choice of Law in the American Courts in 2007: Twenty-First Annual Survey Symeon C. Symeonides, Willamette University - College of Law, Date posted to database: January 2, 2008 Last Revised: January 14, 2008 2 150 Products Liability Preemption:....

NEJM on Device Safety

Posted on March 06, 2008
Launching from the problems with Medtronic's implantable defibrillators, William Maisel (Beth Israel Deaconess Medical Center, Boston) advocates for increased consumer protection provisions in the medical device context. --BC

Lawsuits Coming in Case of Vegas Clinic Allegations

Posted on March 06, 2008
The AP reports that up to 40,000 received word this week that they may be at risk of illness due to their visits to the Endoscopy Center of Southern Nevada (which has been ordered closed and an appeal denied). Among...

OMG, I Just Hit a Car

Posted on March 06, 2008
After noticing that hundreds of people per week find their site while searching "texting while driving," Perlmutter & Schuelke compiled information concerning the topic in this post. They divided the sources into categories of mainstream news stories, studies, and legal...

Importnant News During Cold Season: Airborne Settles False Advertising Class Action

Posted on March 05, 2008
CNN reports that Airborne, the herbal supplement company, has settled a false advertising class action suit for $23.3 million. The Center for Science in the Public Interest, a non-profit advocacy group, said the company will refund money to consumers who...

Senate Debates Toy Safety Bill

Posted on March 05, 2008
Yesterday, the Senate began debate on S.2663, a bill to overhaul the Consumer Product Safety Commission and increase toy safety. The bill is a response to the numerous toy recalls from last summer. As the Chicago Tribune reports, The House...

Avoiding Recusal-Based Ties at USSC

Posted on March 04, 2008
In light of yesterday's per curiam decision in Kent, Howard Bashman's "On Appeal" column at law.com should be of interest. Bashman discusses recusal-based ties at the Supreme Court, and proposes allowing federal circuit judges to sit by designation in cases...

44,000 Sign Up for Vioxx Settlement

Posted on March 04, 2008
MSNBC (via AP) reports that 44,000 people have submitted all of the necessary paperwork to participate in the $4.85 billion Vioxx settlement. 85% of eligible claimants had to participate to keep the deal alive. "We are very pleased with the...

Well, Thanks for All That Guidance, Supremes -- Kent Decided

Posted on March 03, 2008
Here [PDF] is the Supreme Court opinion affirming the Second Circuit in Warner-Lambert v. Kent. Take a moment to digest it. And that's all you'll need. It's per curiam. For now, anyway, then, Buckman is limited. And preemption is that...

Defamation and the Internet

Posted on March 03, 2008
The NY Times has an article today discussing the potential influence of anonymous blog postings on the suicide of an advertising executive and, more generally, the responsibility that bloggers and their commenters might have in such a context. For one...

On Being Risk Averse

Posted on March 02, 2008
Ted Frank contemplates self-operated amusement park rides overseas, suggesting they're hard to imagine here. Of course, many rides have a significant amount of risk controlled by the rider, especially in the water park context (consider also skiing, roller- and ice-skating,...

The Virginia Charitable Immunity Decision

Posted on March 01, 2008
Yesterday, the Supreme Court of Virginia unanimously ruled that foundations set up to administer the clinical practices of faculty at public medical schools are not eligible for charitable immunity. To be eligible for charitable immunity in Virginia, an entity must...

Tort Reform Update: CO, HI, WY

Posted on March 01, 2008
Several significant tort reform actions in the states from the last day or two: CO: The full senate passed a bill increasing the cap on noneconomic damages in medical malpractice cases. The story is here. HI: A bill that would...

Virginia: No Charitable Immunity for Public Hospital Foundations

Posted on February 29, 2008
The Virginia Supreme Court ruled earlier today that the University of Virginia does not have charitable immunity for medical malpractice cases. I'll have a follow-up post after I've read the opinion. --CJR

Vioxx Lecture at Cardozo

Posted on February 29, 2008
Cardozo is hosting a lecture entitled "The Vioxx Story: Mass Settlement Without Class Actions" on Tuesday, March 11 at 6:30 p.m. The featured speaker is Christopher Seeger (Seeger Weiss), one of the principal architects of the Vioxx settlement. Professor Howard...

Alcohol Death; Families Sue Drinker's Friends

Posted on February 28, 2008
Minnesota Public Radio's News Cut blog summarizes the sad case, and litigation aftermath, of Amanda Jax: Where do we start with the sad case of Amanda Jax, the legal adult who drank herself to death on her birthday? Our time...

Updates in AutoAdmit Litigation

Posted on February 28, 2008
The lawsuit for defamation, IIED, and so on against various posters on the AutoAdmit forums continues, with one of the pseudonymous defendants ("AK47"), who declared that people named Jill and another common name "should be raped," seeking to quash a...

Nussim on Distributive Effects of Negligence and Strict Liability

Posted on February 28, 2008
Jacob Nussim (Bar-Ilan University-Faculty of Law) has posted Distributive Aspects of Legal Standards on SSRN. Here is the abstract: There are various differences between a negligence regime and a strict liability regime; there are various differences between price and quantity...

Another Kentucky Kingdom Update

Posted on February 28, 2008
I've been following the case related to Katie Lassiter, the young girl whose feet were severed while on the "Superman: Tower of Power" drop ride manufactured by Intamin for Six Flags Kentucky Kingdom. Local news reports that the ride is...

Alaskan Village Sues Energy Companies for Global Warming

Posted on February 27, 2008
The New York Times reports on a suit filed yesterday by the Alaska native village of Kivalina against 20 oil, electric, and coal companies. The village, which is being forced to relocate because of flooding caused by global warming, accuses...

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