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Personal Injury Law

TortsProf Blog

Post Frequency: 5.1/day

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

Personal Injury Roundup No. 48 (8/28/09)

Posted on August 28, 2009
We just finished our first full week of classes here at Charleston. Here's what happened this week in torts: Reform, Legislation, Policy Health reform debate continues to percolate. (WaPo, AP, ABC News Political Punch) Representative Henry Waxman (D-CA) takes on...

Introducing Guest Blogger Keith Hylton

Posted on August 27, 2009
Monday's Guest Blogger is Keith Hylton. Hylton is currently the Honorable Paul J. Liacos Professor of Law at Boston University School of Law. Hylton joined the BU Law faculty in 1995 after teaching for six years and receiving tenure at...

The Prosser Notebook is Available Online at Berkeley Law Library

Posted on August 26, 2009
Our regular readers know that a member of my first Torts class was kind enough to share with me the Torts notebook of his grandfather, Leroy S. Merrifield. Mr. Merrifield's first year at the University of Minnesota Law School was...

Porat & Stein on Liability for Future Harm

Posted on August 26, 2009
Ariel Porat (Tel Aviv) & Alex Stein (Cardozo) have posted to SSRN Liability for Future Harm. Here is the abstract: This Article considers the possibility of imposing liability in torts for a wrongfully created risk of future harm. We examine...

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Torts Opening at Albany

Posted on August 25, 2009
Peter Halewood asked us to post this announcement from Albany Law School: Tenure-Track Positions ALBANY LAW SCHOOL invites applications for as many as seven tenure-track positions beginning in the fall of 2010. Appointment will be made at the assistant, associate...

"Flip and Fall"

Posted on August 25, 2009
Jonathan Turley reports that a Chicago woman who fell while walking on the floor near a dolphin tank is suing the zoo for ?recklessly and willfully trained and encouraged the dolphins to throw water at the spectators in the stands,...

Jeffrey O'Connell: Tort Liability as Social Insurance

Posted on August 24, 2009
Though not often thought of this way, tort liability coverage for personal injury can be best seen as social insurance. Such a vantage invites the government to take a firm hand in shaping such coverage rather than leaving it to...

Family of Flight Attendant on Air France Flight 447 Seeks Suit

Posted on August 22, 2009
The family of a flight attendant killed when AF447 crashed near the coast of Brazil on June 1st is seeking legal action against the airline. Reuters has the details. --CJR

Call for Articles and Essays: Recent Developments in New York Law

Posted on August 21, 2009
Posted by request: The editors of Pace Law Review invite proposals from scholars, researchers, practitioners, and professionals for contributions to our second annual issue addressing recent developments in New York law to be published in Spring 2010...

Personal Injury Roundup No. 47 (8/21/09)

Posted on August 21, 2009
It finally feels like summer in western Massachusetts, and yet here we are finishing up 1L orientation, with classes starting next week! I've got to get to school for the orientation picnic, so it'll be a little briefer than usual......

Monday's Guest Blogger: Jeffrey O'Connell

Posted on August 20, 2009
Our first guest blogger is the University of Virginia's Jeffrey O'Connell, co-author of the principal work that proposed no-fault insurance. After O'Connell graduated from Harvard Law School, he was a trial lawyer in Boston with the firm of Hale &...

Is "Gluten-Free Beer" Really "Beer"?

Posted on August 19, 2009
As USA Today Reports, on Monday, the FDA began regulating the world of "gluten free beers." These beverages are not made from the malted barley of the traditional sudsy brew, but from alternative ingredients such as malted sorghum or rice....

Californians Sue Facebook Over Privacy Issues

Posted on August 18, 2009
According to the Associated Press, five Californians have filed suit against Facebook alleging privacy law violations. - SBS

Announcing Guest Blogger Monday!

Posted on August 17, 2009
We are delighted to announce a new feature at TortsProf Blog: Guest Blogger Monday. A distinguished line-up of Torts professors will be visiting on Mondays and writing about their recent scholarship, teaching ideas, and other torts-related topics. Our fall schedule...

Products Liability Prof Blog Seeks Products Liability Prof Bloggers

Posted on August 17, 2009
Head there for details. We certainly like being part of the network and look forward to seeing who takes over that blog. --BC

Mandatory National Reporting of Medical Errors?

Posted on August 16, 2009
The "Dead by Mistake" series reported by Sheila here is affecting policy debates. Rep. Jim McDermott, a Seattle Democrat heavily involved in health reform legislation, believes mandatory national reporting of medical errors should be a top priority in Congress...

Personal Injury Roundup No. 46 (8/14/09)

Posted on August 14, 2009
Most of us are gearing up for classes next week. I hope you enjoyed your last week of summer. Reform, Legislation, Policy Richard Epstein on preemption in Forbes (Via Drug and Device Law) "Fumbled" health care "handoffs" (The PopTort) NY:...

Survivors' "Hold Your Wee for a Wii" Suit Settles; Wrongful Death Case to Start 9/8

Posted on August 14, 2009
So reports local station KCRA. Details are, as usual, confidential. Prior reports are linked to from here. --BC

Burch on Weinstein on Mass Torts

Posted on August 13, 2009
Elizabeth Chamblee Burch (Florida State/Mass Torts Prof) has posted her essay A New Way Forward: A Response to Judge Weinstein on SSRN. Here is the abstract: This short essay responds to Judge Jack Weinstein's essay, Preliminary Reflections on Administration of...

"Dead By Mistake"

Posted on August 12, 2009
From The Pop Tort comes word of a national investigative series by Hearst Publications on medical malpractice deaths. Hearst explains the series in this way: Dead by mistake, the comprehensive story you see on this web site, is the result...

California Enacts Good Samaritan Bill

Posted on August 11, 2009
From Walter Olson at Point of Law: Governor Arnold Schwarzenegger has signed two bills that extend legal immunity to Good Samaritans. - SBS

Fast Track for Chinese Drywall Cases

Posted on August 11, 2009
The Daily Business Review (via law.com) reports that U.S. District Judge Eldon E. Fallon (New Orleans) will select five of the nearly 600 Chinese drywall cases for bellwether trials, possibly before the end of the year: Fallon has ordered each...

"Hold Your Wee for a Wii" Case Heading to Trial

Posted on August 11, 2009
The Sacramento Bee has details on the most recent events in the litigation resulting from an ill-conceived competition held by a radio station a couple of years ago. (Prior posts here.) As the name of the contest suggests, contestants were...

Rare Win for Alien Tort Claim Plaintiffs

Posted on August 10, 2009
Last week, a Brooklyn jury awarded $1.75 million to a Bangladeshi man who was tortured by a Bangladeshi paramilitary group. The plaintiff sued under the Alien Tort Claims Act and the Torture Victims Protection Act. American Lawyer (via law.com) has...

Mello & Studdert on Individual and System Factors in Med Mal

Posted on August 08, 2009
Michelle Mello (Harvard--Health Policy & Management) & David Studdert (University of Melbourne--Law & Medicine) have posted the abstract to their latest article, Deconstructing Negligence: The Role of Individual and System Factors in Causing Medical Injuries, on SSRN...

Personal Injury Roundup No. 45 (8/7/09)

Posted on August 07, 2009
Here's what happened last week in the world of torts: Reform, Legislation, Policy House passes Food Safety Enhancement Act of 2009. (FDA Law Blog, Overlawyered, Mass Tort Defense) More on health reform. (NYT, ABC News Political Punch) State attorneys general...

Raz on the Negligence Standard

Posted on August 06, 2009
Joseph Raz (Oxford & Columbia Law) has just updated his recent SSRN posting Responsibility & the Negligence Standard. Here is the abstract: The paper has dual aim: to analyse the structure of negligence, and to use it to offer an...

Crocs Settles Design Defect Suits

Posted on August 05, 2009
Crocs - the maker of popular rubber clogs, not the man-eating animal - has settled at least five products liability suits alleging that the shoes are unsafe for children to wear on moving escalators. On Point News has more. -...

Blackwater Founder Implicated (in Tort Suit Affidavits) in Murder

Posted on August 05, 2009
We've previously noted litigation against Blackwater International, brought by Iraqi civilians. This week, The Nation reports that affidavits filed in that case allege that the founder of the company, Erik Prince, was connected to homicide: A former Blackwater employee and...

Charleston Super Store Fire Defendants Try To Add City To Case

Posted on August 04, 2009
Awhile ago, the families of several Charleston fire fighters who died in a horrific furniture store fire back in 2007 filed suit against the store and a furniture manufacturer. On Monday, attorneys for the defendants argued that the City of...

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