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Personal Injury Law

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

That Didn't Take Long

Posted on February 11, 2008
A couple of weeks ago, I noted some mutterings about Botox fatalities, mostly (if not exclusively) in the non-cosmetic use, where it's used for certain palsies. At the time, there were no AdSense ads, and indeed the Google results for...

Bashman on Williams

Posted on February 10, 2008
Howard Bashman has a Law.com column about the Oregon Supreme Court's affirmance of the $79.5 million punitive damages award against Philip Morris. He ends with some advice (directed at junior associates, but it's likely as well directed to senior folks...

Charts and Malpractice

Posted on February 09, 2008
Eric Turkewitz has an interesting post discussing a post by an obstetrical nurse (blogging at the very cleverly-named "At Your Cervix") who says she was directed not to accurately chart a covering physician's review of a tape. Worth a read....

Med Mal Symposium at Temple

Posted on February 09, 2008
The Temple Journal of Science, Technology, & Environmental Law is sponsoring its 2008 symposium, "Shaping the Future of Medical Malpractice: Legal and Ethical Considerations." The event is on Friday, February 22 at Shusterman Hall on Temple's main campus...

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Georgia Seeks Torts Podium Visitor Next Fall

Posted on February 08, 2008
The University of Georgia law school is seeking a podium visitor for Torts I in the fall - one or possibly two sections. If it's one section, the visitor would also teach an upper-division elective. They're moving quickly, so contact...

Calnan on Products Liability

Posted on February 08, 2008
Alan Calnan (Southwestern) has posted A Consumer-Use Approach to Products Liability on SSRN. Calnan proposes clarifying what has become an overly uncertain area of law: Under this approach, courts would categorize products liability cases according to the type of use...

Valdez Plaintiffs Launch "Whole Truth" Campaign in Advance of Punitives Argument

Posted on February 07, 2008
A group of plaintiffs in the still-going-and-going-and-going litigation against Exxon for the massive damage caused by the Exxon Valdez oil spill has launched The Whole Truth website (warning! starts talking at you without warning!). The site is part of what...

Crimtorts Update

Posted on February 07, 2008
I regret that Mary Kate Kearney will be unable to present at the Crimtorts symposium on February 25. Fortunately, however, Frank J. Vandall (Emory) has agreed to present "The Criminalization of Products Liability." The revised brochure is here. We are...

"WARNING: This Product Warps Space and Time in Its Vicinity."

Posted on February 07, 2008
This list of warnings that are scientifically accurate but perhaps not as alarming as they sound is evidently pretty old, but new to me and quite funny. My favorites: HANDLE WITH EXTREME CARE: This Product Contains Minute Electrically Charged Particles...

Parents Can't Recover Against Hospital for Unsatisfactory Circumcision

Posted on February 07, 2008
The AP reports that the Minnesota Court of Appeals rejected a negligence claim brought against a hospital by the parents of a young boy who were unhappy with the results of his circumcision. From the opinion [PDF]: Appellant is the...

AMA: Punitives Caps Increase Access to Care

Posted on February 06, 2008
The American Medical Association (which, to say the least, has a dog in the liability fight) concludes that caps on punitive damages improves access to care: The American Medical Association said yesterday its new analysis of independent research proves that...

Free Torts Lecture at Valparaiso

Posted on February 06, 2008
Daniel Farber (Berkeley) will discuss, ?Tort Law in the Era of Climate Change: Katrina and 9/11? at the annual Monsanto Lecture at Valparaiso Law on Thursday, February 14th. Farber will discuss how society now faces uncertain risks from terrorist attacks,...

Hawaii Considers Tort Reform Bill

Posted on February 06, 2008
The Hawaii House Consumer Protection Committee holds hearings today on HB 1992, a bill that would cap non-economic damages in medical malpractice actions at $250,000, and also require that economic damages be allocated based upon proportionate percentages of negligence...

DOJ Declines To Intervene In Scruggs Suit Against State Farm

Posted on February 05, 2008
As Lloyds (via Dow Jones Newswire) reports, the Department of Justice has declined to intervene in the Katrina qui tam suit filed by Dickie Scruggs against State Farm: "The Government's investigation has not been completed, as certain potentially relevant information...

RI Television Station Settles Club Fire Suit

Posted on February 05, 2008
The Boston Globe reports on the latest settlement in the Rhode Island nightclub fire suit. In 2003, a pyrotechnics display during a Great White performance ignited a fire at a Rhode Island nightclub, and killed 100 people. The latest $30...

Gryphon Discusses Contingent Fees

Posted on February 02, 2008
Over at Point of Law, Marie Gryphon has an interesting discussion about contingent fees. Based on the research of behavioral economists Eyal Zamir and Ilana Ritov, Gryphon addresses the following questions: Why do plaintiffs with assets opt for contingent fees...

Mitsubishi Rollover Trial Starts in Florida

Posted on February 02, 2008
As I previously noted, a former Mitsubishi president was convicted in Japanese criminal court in the aftermath of the discovery of massive and long-standing coverups of safety defects. That story is continuing in Florid, where a trial started this week...

Top 10 Recent Torts Downloads on SSRN

Posted on February 01, 2008
Here are the top torts downloads on SSRN for the last 60 days: 1 237 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:...

Hylton on Asbestos Litigation

Posted on February 01, 2008
Yesterday Keith Hylton posted Asbestos and Mass Torts with Fraudulent Victims on SSRN. Here is the abstract: Deterrence and compensation goals should be distinguished, and compensation priorities should change in response to the deterrence goal. This has immediate implications for...

Kentucky Kingdom Victim's Account Becomes Public

Posted on January 31, 2008
The Lexington paper has a story with details of Katie Lassiter's account of her ride on Six Flags Kentucky Kingdom's "Superman: Tower of Power" ride on which she lost her feet. It also describes her parents' experience of the day....

What-A-Burger's What-A-Lawyers Post What-An-Arbitration-Agreement Signs Outside Restaurants

Posted on January 31, 2008
Now that's bold. What-A-Burger has mandatory arbitration agreements posted at every entrance of their restaurants (see also Public Citizen's blog posting). By entering, customers are purportedly committing to having any disputes heard by the American Mediation Association, a three-lawyer group...

Williams Punitives Upheld Again

Posted on January 31, 2008
The Oregon Supreme Court has yet again affirmed the nearly 100-to-1 ratio of punitive damages in the Williams v. Philip Morris case (opinion, Turkewitz); the affirmance focuses on the failings of Philip Morris's proposed jury instruction. --BC

Geistfeld's Guide to Torts

Posted on January 31, 2008
Aspen Publishers has launched its "Essentials" series, and Mark Geistfeld is writing the Torts installment. Aspen describes the series as follows: The Essentials series offers a prominent author's personal view of the subject matter. Each book will help students understand...

Assumption of the Risk in Jello Wrestling

Posted on January 30, 2008
A great teaching opportunity on assumption of the risk from WNBC (New York): ... Avram Wisnia was an NYU junior in 2004 when he and his dorm mates organized a party called "Beach Bash." While horsing around a kiddie pool...

O'Connell on Binding Early Offers vs. Med Mal Caps

Posted on January 30, 2008
Jeffrey O'Connell (Virginia) has posted "Commentary Binding Early Offers versus Caps for Medical Malpractice Claims?" on SSRN. The abstract provides: Like damages caps, early offer reform promises reduction in the costs of medical liability cases. In contrast to damages caps,...

Nagareda on Mass Tort Litigation

Posted on January 29, 2008
In a new featured column at PointofLaw, Richard Nagareda (Vanderbilt) argues that resolution of mass torts requires a reconception of the attorney-client relationship and the role of the civil tort system: What is needed for mass torts is a corresponding...

Sebok on Telecom Immunity

Posted on January 29, 2008
In his latest Findlaw column, Tony Sebok analyzes the constitutionality of providing civil immunity to telephone companies that allegedly violated customers' privacy rights by providing information about phone and Internet communications to the federal government...

Civil Litigation and Declined Prosecutions

Posted on January 29, 2008
The Seattle Times has a disturbing story about former UW standout tight end Jerramy Stevens, now with the Tampa Bay Buccaneers, and his "raft" of second chances after a conviction for assault, a fairly compelling accusation of rape, and a...

WNEC Hosting Hearing on Physician Availability

Posted on January 28, 2008
I just received this from our Institute on Legislative and Governmental Affairs: The Law School?s Institute for Legislative and Governmental Affairs cordially invites you to attend a hearing of the Commission on Public Health Access in Sleith Hall Auditorium on...

Blackwater Sues Lawyers

Posted on January 27, 2008
The Post's Government Inc. blog reports that Blackwater is suing Wiley Rein for malpractice in defending the company against a wrongful death suit brought by the "Fallujah Four." Legal Times has more details: The complaint, filed in D.C. Superior Court,...

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