TortsProf Blog: Personal Injury Law

Home -> Law Blog Directory -> Personal Injury Law Blogs

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Personal Injury Law

TortsProf Blog

Post Frequency: 5.1/day

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

Guest Blogger David Owen: "Foreseeability in Accident Law"

Posted on March 29, 2010
Foreseeability often gets a bum rap in tort. As ephemeral as foreseeability by nature plainly is, most of us appreciate how important the concept is in shaping the outer boundaries of negligence responsibility. Courts widely assert that foreseeability resides importantly...

Personal Injury Roundup No. 72 (3/26/10)

Posted on March 26, 2010
Reform, Legislation, Policy Fourteen states have sued federal government over health reform bill. A joint lawsuit was filed in federal court in Florida on behalf of Florida, South Carolina, Nebraska, Texas, Michigan, Utah, Pennsylvania, Alabama, South Dakota, Louisiana, Idaho, Washington...

Monday's Guest Blogger: David Owen

Posted on March 25, 2010
David Owen is the Carolina Distinguished Professor of Law and Director of the Office of Tort Law Studies at the University of South Carolina School of Law, where he teaches courses and seminars on Tort Law, Tort Theory, and Products...

Cunningham on Traditional Versus Economic Analysis

Posted on March 24, 2010
Lawrence Cunningham (GW) has posted to SSRN Traditional Versus Economic Analysis: Evidence from Cardozo and Posner Torts Opinions. The abstract provides: This Article contributes a new approach and evidence to the longstanding debate concerning the relative merits of traditional legal...

To access this complete feed in the blog feed reader login or register for free.

GA: Supreme Court Strikes Down Med Mal Damages Cap

Posted on March 24, 2010
We're a little late with this story, but on Monday the Georgia Supreme Court struck down the state's $350,000 noneconomic damages cap for med mal cases. The court held the cap improperly interfered with the jury's role is assessing damages....

Chamber Releases 2010 Lawsuit Climate Survey

Posted on March 23, 2010
On Monday, the U.S. Chamber of Commerce's Institute for Legal Reform ("ILR") released its annual survey (pdf) "ranking the states with the best and worst legal climates in the country." At the bottom this year are West Virginia (50th), Louisiana...

Torts Fun at the Association for the Study of Law, Culture and the Humanities Annual Conference

Posted on March 23, 2010
We joined Byron Stier (Southwestern) at Brown University last weekend on a panel on "Pluralism in Tort Law and Litigation" at the Association for the Study of Law, Culture and the Humanities Annual Conference. Our thanks to the panel's moderator...

Nagareda on "Developments in the Resolution of Mass Torts: The New Face of Client Consent"

Posted on March 22, 2010
Much of our thinking about torts rightly focuses on the conceptual landscape of substantive law. A significant related theme, however, concerns the legal principles that govern the ultimate cashing-out of tort claims. No context presents both the urgency and the...

Personal Injury Roundup No. 71 (3/19/2010)

Posted on March 19, 2010
A short week, since this is my spring break and I'm at the Cape (for the first time!). Reform, Legislation, Policy Rather than trying to choose representative posts about the role of tort issues in the health care debate, maybe...

Introducing Guest Blogger Richard Nagareda

Posted on March 18, 2010
Monday's guest blogger is Richard Nagareda. Nagareda is Professor of Law and Director of the Cecil D. Branstetter Litigation Dispute Resolution Program at Vanderbilt University Law School. Nagareda joined the Vanderbilt faculty in 2001. Before joining the Vanderbilt faculty, Nagareda...

All Things Prosser

Posted on March 17, 2010
Monday was William Prosser's birthday (he was born in 1898 in New Albany, Indiana). Just in time to celebrate, Neil Richards (Washington University) and Daniel Solove (GW/CoOp) posted to SSRN Prosser's Privacy Law: A Mixed Legacy. The abstract provides: This...

2010 Clifford Symposium at DePaul

Posted on March 17, 2010
DePaul will host the 16th Annual Clifford Symposium, "The Limits of Predictability and the Value of Uncertainty," on April 8 and 9. More information is here. As usual, there is a fantastic group of presenters, including Tom Baker (Penn), Margaret...

Polsky & Markel on Taxing Punitive Damages

Posted on March 17, 2010
Gregg Polsky & Dan Markel (both Florida State) have posted to SSRN Taxing Punitive Damages. The abstract provides: There is a curious anomaly in the law of punitive damages. Jurors assess punitive damages in an amount that they believe will...

9/11 Responders Suit Settles; Fairness Hearing Scheduled

Posted on March 16, 2010
The New York Daily News reports on the $575 million settlement reached in the 9/11 "first responders" lawsuits. As the Daily News reports, Judge Hellerstein has delayed his approval and instead is "taking a week to figure out how big...

Lahav on "Rough Justice and the Problem of Value in Tort Law"

Posted on March 16, 2010
Alexandra Lahav (UConn/ Visiting Fordham) has posted "Rough Justice and the Problem of Value in Tort Law" on SSRN. The abstract provides: This Essay argues the counterintuitive position that in our tort system, individual justice is rougher than justice on...

Henderson on "The Moral Foundation of Tort"

Posted on March 15, 2010
Up until recently I was agnostic on the question of whether tort law reflects ends-in-themselves moral values or is simply a positive manifestation of the instrumental means with which to achieve politically-selected social welfare ends. I am now persuaded that...

Personal Injury Roundup No. 70 (3/12/10)

Posted on March 12, 2010
Reform, Legislation, Policy IL: Republican state legislator introduces a constitutional amendment which would allow the legislature to cap medical malpractice damages. The measure could reach the voters in November. (LegalNewsline) However, the head of the IL Civil Justice League does...

Introducing Guest Blogger James A. Henderson Jr.

Posted on March 11, 2010
Monday's guest blogger is James A. Henderson, Jr. Henderson is the Frank B. Ingersoll Professor of Law at Cornell Law School, where he teaches Torts and Products Liability. After he received both an LL.B and LL.M from Harvard Law School,...

Pepperdine Torts Symposium

Posted on March 10, 2010
The Pepperdine Law Review is hosting a symposium on April 16th, 2010 entitled Does the World Still Need United States Tort Law? Or Did it Ever? The symposium will examine the present and future influence of United States tort law...

Med Mal Reform in PA

Posted on March 10, 2010
Yesterday's Patriot-News (Harrisburg, PA) included an article entitled "State's malpractice data offers ammo for both sides" by David Wenner. The article includes a link to a decade of statistics about med mal cases in PA. Some of the findings include...

Big Name Food Products Drop Corn Syrup As Ingredient

Posted on March 09, 2010
The Wall Street Journal reports that several food manufacturers are replacing high fructose corn syrup with sugar in many big name products, such as Wheat Thins and Gatorade: More big-name food and beverage products?including Kraft Foods Inc.'s Wheat Thins ?have...

Supreme Court Grants Cert in Vaccine Preemption Case

Posted on March 09, 2010
Civ Pro Profs have the details. - SBS

Historians in Tobacco Litigation

Posted on March 09, 2010
Jon Wiener of The Nation has an interesting cover story, "Big Tobacco & the Historians: A Tale of Seduction and Intimidation," in last week's issue. It's well worth a read, especially to see the view of the tort system from...

McCann on ?Game Presentation? and Torts: The Unappreciated Dangers of Flying Hotdogs

Posted on March 08, 2010
Courts generally turn to industry standards for determining the duty owed by owners and operators of professional sports facilities to their customers. They also find that people attending sporting events assume many risks of injury posed by on-field activities...

Personal Injury Roundup No. 69 (3/5/10)

Posted on March 05, 2010
Reform, Legislation, Policy Medical device firms claim job losses as a result of the Massachusetts gift-ban. (Mass High Tech) Proposed Bipartisan Tax Fairness and Simplification Act of 2010 would bar defendants from deducting punitive damages awards as a business expense...

Introducing Guest Blogger Michael McCann

Posted on March 04, 2010
Michael McCann is an Associate Professor of Law at Vermont Law School, where he teaches sports law, antitrust, torts, and sales. He also teaches a sports law reading group at Yale Law School. McCann is also a Legal Analyst for...

Erichson & Zipursky on Mass Torts

Posted on March 03, 2010
Howard Erichson (Fordham/Mass Tort Profs) and Benjamin Zipursky (Fordham) have posted to SSRN Consent Versus Closure. The abstract provides: Claimants, defendants, courts, and counsel are understandably frustrated by the difficulty of resolving mass tort cases...

More on Toyota

Posted on March 03, 2010
Transportation secretary Ray LaHood stated yesterday that the Obama administration is considering requiring all automobiles to contain a brake override system intended to prevent sudden acceleration. Already a feature in many cars sold around the world, the override system is...

Torts Visitor Opening at FIU

Posted on March 02, 2010
From Howard Wasserman (FIU) comes news of a torts visitor opening at Florida International University in Miami: Florida International University College of Law invites applications from candidates for one or more visiting faculty positions beginning in Fall 2010...

AALS Call for Proposals

Posted on March 02, 2010
From Emily Randon (UC Davis): CALL FOR PROPOSALS AMERICAN ASSOCIATION OF LAW SCHOOLS ? 2011 Conference, Jan 5-9th A Joint Program of the Sections on Balance in Legal Education and Academic Support Co-Sponsored by the Section on Student Services Theme:...

Previous | Next

Related Law Bulletins

New Baptist Covenant Blog
Last week, I pointed to the New Baptist Convenant website, now onl...

The Mexico Trucker Blog
I've written before about the perceived problems with relaxed rest...