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Personal Injury Law

TortsProf Blog

Post Frequency: 5.1/day

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

And the health care debate takes to the road...

Posted on August 04, 2009
The New York Times reports on the plans of both Democrats and Republicans to take the health care debate on the road in a series of town hall meetings, radio and television appearances. - SBS

Becker & Posner on Health Reform and Obesity

Posted on August 03, 2009
Judge Richard Posner and Professor Gary Becker address health reform and obesity in this week's blog posts. - SBS

Early Offers: Another View of the Empirical Evidence

Posted on August 02, 2009
Bernard Black (Texas), David Hyman (Illinois), & Charles Silver (Texas) have posted to SSRN The Effects of "Early Offers" in Medical Malpractice Cases: Evidence from Texas. Here is the abstract: Medical malpractice litigation is costly and time-consuming...

Personal Injury Roundup No. 44 (7/31/09)

Posted on July 31, 2009
After a longer-than-planned-for absence (the reason noted below), I'm back at the TortsProf blogging. As I announced before, I'll be a bit more irregular than usual, with my new duties as Associate Dean for External Affairs at WNEC, but I...

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A Tweet Tort

Posted on July 30, 2009
A Chicago landlord has sued a tenant for libel based on a "malicious and defamatory" tweet about her apartment to her 20 Twitter followers. ABA Journal and Jonathan Turley both have more. Here's a copy of the complaint (pdf). -...

$3.4M Mesothelioma Verdict

Posted on July 30, 2009
A California jury has awarded $3.4 million to the family of a former Manville plant worker. About Lawsuits has more. - SBS

OT: The Legal Limit by Martin Clark

Posted on July 29, 2009
Ah, summer! The scholarship, the sun, the books! I just read a terrific book I want to recommend to our readers: Martin Clark's The Legal Limit. The book has been out for a year, and is now available in paperback....

Top 10 Recent SSRN Torts & Products Liability Downloads

Posted on July 29, 2009
RECENT HITS (for all papers announced in the last 60 days) TOP 10 Papers for Journal of Torts & Products Liability Law May 30, 2009 to July 29, 2009 Rank Downloads Paper Title 1 124 The Decision to Award Punitive...

No False Imprisonment for Forced Deportation

Posted on July 28, 2009
As the New York Times reports, a Florida jury found that a hospital did not act unreasonably when it chartered a plane and repatriated a severely brain injured illegal immigrant to Guatemala (after caring for the patient for 3 years...

Legislators Take on Direct-To-Consumer Drug Advertising

Posted on July 28, 2009
Sunday's New York Times had an article summarizing the various efforts in Congress to control direct-to-consumer drug advertising. Bills have been introduced that would ban ads for certain drugs during prime time, or alternatively, amend the tax code to eliminate...

Internet Images and the Right to Privacy

Posted on July 27, 2009
Jonathan Bick has published "Pictures from Public Places Not Private" in the New Jersey Law Journal. The article provides a nice summary of the tort and privacy issues surrounding the use of public images on the Internet such as Google...

$75M Med Mal Verdict Overturned in NJ

Posted on July 25, 2009
The largest med mal verdict in New Jersey history was overturned on Thursday due to numerous trial errors, particularly during jury selection. There's a lot of coverage: Philadelphia Inquirer, The Star-Ledger, NJ.com. --CJR

Personal Injury Roundup No. 43 (7/24/09)

Posted on July 24, 2009
It is the dog days of summer here in sunny South Carolina. I hope you are staying cool. Here's what happened this past week in the world of torts: Reform, Legislation, Policy Saying "sorry" works for Michigan doctors. (KIMA TV...

Engel & McCann on Tort as Cultural Practice

Posted on July 23, 2009
David Engel (Buffalo) & Michael McCann (Washington-Political Science) [Not Michael McCann of Vermont Law, Sports Law Blog, and Sports Illustrated fame] have posted to SSRN Introduction: Tort Law as Cultural Practice. This essay serves as an introduction to a forthcoming...

Roethlisberger Sued for Sexual Assault

Posted on July 23, 2009
Harrisburg is a town of divided NFL loyalties. Leaving aside the New York teams, four clubs vie for fans' loyalty: Philadelphia, Pittsburgh, Baltimore, and Washington. I'm partial to the Iggles myself, but Pittsburgh has been successful lately, and a large...

$24M Med Mal Verdict In Tennessee

Posted on July 22, 2009
A Tennessee jury has awarded nearly $24 million in a breast cancer misdiagnosis suit. AboutLawsuits has more. - SBS

7M Verdict in Mississippi Lead Paint Suit

Posted on July 22, 2009
Walter Olson (Point of Law) collects links on defendant Sherwin Williams's post-verdict motions in the $7M lead paint verdict down in Mississippi. - SBS

EU Approves Pfizer Takeover of Wyeth

Posted on July 21, 2009
The European Commission has approved Pfizer's takeover of Wyeth. U.S. approval is still pending. Reuters has more. - SBS

Wrongful Provision of a Car?

Posted on July 21, 2009
The parents of a Staten Island police man who was killed during a traffic stop have filed a wrongful death suit against the shooter's employer - a Long Island car dealership. According to the Staten Island Advance, the suit alleges...

Bernstein on Asbestos Achievements

Posted on July 20, 2009
Anita Bernstein (Brooklyn) has posted to SSRN a paper sure to generate discussion, Asbestos Achievements. Here is the abstract: This Article defends a much-maligned cohort of lawyers by pointing out their unique accomplishments. Critics of the asbestos plaintiffs? bar call...

Avraham, Hyman, & Silver Op-Ed on Med Mal Damage Caps

Posted on July 19, 2009
Ronen Avraham (Texas), David Hyman (Illinois--Law & Medicine), and Charles Silver (Texas) have published an op-ed on medical malpractice damage caps in the Fort Worth Star-Telegram. They are responding to Rep. Michael Burgess's bill to enact Texas-style damage caps for...

Personal Injury Roundup No. 42 (7/17/09)

Posted on July 17, 2009
It's been a big week in Wisconsin. Reform, Legislation, Policy WI: Bill would expand parties who could bring a med mal death suit to include non-dependent family members (Wisconsin Radio Network) Point: John Avlon (Manhattan Institute)--"Sue City": The Big Apple's...

Punitive Damages: Common Law and Civil Law Perspectives

Posted on July 17, 2009
Yesterday the Institute for European Tort Law (of which Ken Oliphant is director) and the European Centre of Tort and Insurance Law published their new book: Punitive Damages: Common Law and Civil Law Perspectives; Tort & Insurance Law, vol. 25...

Wells on Europe's Perspective on Punitive Damages

Posted on July 16, 2009
Michael Lewis Wells (Georgia) has posted to SSRN A Common Lawyer's Perspective on the European Perspective on Punitive Damages. Here's the abstract: Punitive damages are generally available in common law jurisdictions, but are disfavored in civil law systems...

Alternative Med Mal Proposals

Posted on July 16, 2009
First up is hospital vicarious liability, promoted by Professor Philip Peters (Missouri) in a recent SSRN posting Making Hospitals Accountable. Here is the abstract: Modern health care is delivered by large teams of highly trained individuals in a complex web...

On Markel's Retributive Damages

Posted on July 15, 2009
Over at The Legal Workshop, Cornell has posted my essay, "Through the Looking Glass: A Response to Professor Markel's Retributive Damages." In this essay, I take a look at "Retributive Damages: A Theory of Punitive Damages as Intermediate Sanction" by...

Texting Tort

Posted on July 14, 2009
A new one to add to your hypos for fall semester: A fifteen year old girl was walking and texting when she fell into an open manhole. The family plans to sue the city. Jonathan Turley has more. - SBS

King of Torts' Former House for Sale

Posted on July 14, 2009
It could be yours for a mere $39.5 million. Details at the WSJ Law Blog. - SBS

Better Off Ted and Products Suits

Posted on July 14, 2009
The ABC comedy Better Off Ted this week featured an episode centered on a products liability lawsuit. In it, the fictional-but-amusing Veridian Dynamics (which has, among other things, created "meat without cows" and "weaponized pumpkins") was sued for a perfume...

Gibson on "Doctrinal Feedback"

Posted on July 13, 2009
Jim Gibson (Richmond), mostly an IP prof (and my former colleague from Williams & Connolly), has posted (a while ago) an interesting torts-related piece, Doctrinal Feedback and (Un)Reasonable Care. In it, he addresses the circularity of the standard of care...

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