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Personal Injury Law

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

Soda Under FDA Control

Posted on June 16, 2009
As the San Francisco Examiner reports, Congress has passed a bill giving the FDA authority to regulate soft drinks. President Obama is expected to sign the legislation. - SBS

Oregon Bill Would Extend Statute of Repose Against Manufacturers

Posted on June 15, 2009
An Oregon bill that would extend the state's statute of repose against manufacturers from 8 to 10 years is headed to the governor for signature. StatesmanJournal.com has the details. --CJR

Eggen on Preemption

Posted on June 13, 2009
Jean Eggen (Widener) has posted on SSRN The Mature Product Preemption Doctrine: The Unitary Standard and the Paradox of Consumer Protection. Here is the abstract: The history of the U.S. Supreme Court?s product preemption doctrine has been characterized by inconsistency...

Substitute Roundup

Posted on June 12, 2009
The Roundup will return next week. In its place, I'll simply offer "things that caught my eye on Bloglines this morning." Ron Miller has an interesting post about Obama's possible acceptance of medical malpractice tort reform at The Maryland Injury...

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Corrective Justice, Deterrence, and NIED

Posted on June 11, 2009
There is an intriguingly titled note in the upcoming issue of the Alabama Law Review. Brian L. Church's Balancing Corrective Justice and Deterrence: Injury Requirements and the Negligent Infliction of Emotional Distress is at 60 Ala. L. Rev. 697 (2009)...

Statutes of Limitations in Sexual Abuse Lawsuits

Posted on June 11, 2009
The WSJ Law Blog has a post about them. --BC

More on the Cowboys' Training Facility Collapse

Posted on June 11, 2009
Over a month ago, Sheila posted Michael McCann's column on the collapse of the Dallas Cowboys' training facility. Today there is an AP report that the Cowboys knew of an earlier collapse of a similar structure at the time they...

Chicago U.S. Attorney Threatens to Sue Harper Collins for Defamation

Posted on June 10, 2009
The Chicago Sun Times reports that the Patrick Fitzgerald, the U.S. Attorney for the Northern District of Illinois, has threatened to sue publisher Harper Collins for defamation based on statements in the forthcoming book "Triple Cross" by Peter Lance...

Shell Settles Alien Tort Claims Act Suit On Eve of Trial

Posted on June 10, 2009
Royal Dutch Shell has agreed to pay $15.5 million to settle the Alien Tort Claims Act case based on its alleged complicity in the 1995 deaths of several Nigerian activists. Jury selection had been scheduled to begin in the Southern...

Senator Kennedy Seen as "Key" To Health Reform Bill

Posted on June 09, 2009
According to the Wall Street Journal, President Obama's health reform legislation could take a very different form depending on the health of ailing Senator Ted Kennedy (D-MA): If the liberal Mr. Kennedy takes a lesser role, that could make it...

Two Civ Pro Items of Note to Torts Profs

Posted on June 09, 2009
Torts profs (and practitioners) are litigators, too. So, two civil procedure items of note from the U.S. Supreme Court: 1. In Caperton v. A.T. Massey Coal (pdf) (08-22), the Court held that a West Virginia justice's failure to recuse after...

Global Litigation Trends

Posted on June 08, 2009
Mark Behrens, Greg Fowler, & Silvia Kim (Shook, Hardy & Bacon) have published Global Litigation Trends in the Michigan State Journal of International Law. The article explores three particular areas where changes are occurring or are under consideration outside of...

Twerski Wins ABA's TIPS McKay Award

Posted on June 07, 2009
Congratulations to Aaron Twerski (Brooklyn) for winning the Robert C. McKay Award. The award is given by the ABA's Torts and Insurance Practice Section to an academic for his or her "commitment to the advancement of justice, scholarship and the...

The Decision to Award Punitive Damages: An Empirical Study

Posted on June 06, 2009
Theodore Eisenberg, Michael Heise, Nicole Waters, & Martin Wells (all Cornell Lawexcept Waters, who is with the National Center for State Courts) have posted to SSRN The Decision to Award Punitive Damages: An Empirical Study. Here is the abstract: Empirical...

Personal Injury Roundup No. 39 (6/05/09)

Posted on June 05, 2009
Happy birthday today to both my Dad (62) and my brother (34). In torts... Reform, Legislation, Policy Ted Frank on the "tort tax" (Overlawyered) GM and Chrysler products liability claims (Day on Torts) (The Pop Tort) New Lawsuits Beaumont, TX...

New Tort Study by the Pacific Research Institute

Posted on June 04, 2009
Today at Point of Law, Walter Olson directs his readers to "Tort Law Tally," a new study by the Pacific Research Institute. The executive summary provides the following: Of the 25 tort reforms that we examine, the statistical analysis identifies...

California Supreme Court Hears Arguments in Right of Publicity Case

Posted on June 03, 2009
The California Supreme Court hears arguments today in an interesting right of publicity case that pits California's statutory right of publicity - which prohibits the use of likenesses without consent - against the statutory single publication rule, which limits damages...

Two New Suits Filed Over Missouri Sludge

Posted on June 03, 2009
On Friday, two new plaintiffs filed suit over the tannery sludge spread on farmland around Cameron, Missouri. Plaintiffs allege that the sludge is connected to the unusual high number of brain tumors in Cameron's small population. About Lawsuits has more...

Bausch & Lomb Settles Eye Cleanser Suits

Posted on June 02, 2009
According to the Boston Globe (AP), Bausch & Lomb has settled around 600 lawsuits based on fungal eye infections allegedly caused by its contact lens cleaner. - SBS

Supreme Court Summarily Reverses Fear of Cancer Case

Posted on June 02, 2009
In a per curiam opinion(pdf) yesterday, the Supreme Court summarily reversed a $5 million verdict under FELA because the trial court rejected the defendant's proposed jury instruction stating that the jury had to find that the plaintiff's fear of cancer...

Vermont Passes Gift Disclosure Law

Posted on June 01, 2009
FDA Law Blog reports that Vermont just passed a new law prohibiting gifts from drug & medical device manufacturers to physicians or health care providers subject to a few exceptions such as samples or clinical trials. Even then, the new...

Congratulations to TortsProf Byron Stier!

Posted on May 30, 2009
Congratulations to Byron Stier on his positive tenure vote at Southwestern Law School! In addition to tenure, Byron was also appointed as a rotating endowed chair for the coming academic year. This has been a goal since Byron and I...

Personal Injury Roundup No. 38 (5/29/08)

Posted on May 29, 2009
On this day in 1953, Edmund Hillary conquered Mt. Everest. On to this week's news in the world of torts: Reform, Legislation, Policy FDA proposes new direct-to-consumer advertising guidelines. (Life Sciences Legal Update) House bill strengthens FDA's watch over food...

Sharkey on Preemption and Federalism

Posted on May 28, 2009
Cathy Sharkey (NYU) has just posted Federalism Accountability: 'Agency-Forcing' Measures on SSRN. Here is the abstract: This Article takes as its starting point the ?agency reference model? for judicial preemption decisions, adopting the foundational premise that courts should take advantage...

LA House Refuses to Extend Med Mal Protections to Nursing Homes

Posted on May 28, 2009
The nursing home industry's push to receive state med mal protections (damage caps, panel screening prior to trial) was rejected yesterday by the Louisiana House of Representatives. Nola.com has the details. --CJR

Grady on Unavoidable Accident

Posted on May 28, 2009
Mark Grady (UCLA) has published Unavoidable Accident in Bepress's Review of Law & Economics. The abstract provides: In negligence law, ?unavoidable accident? is the risk that remains when an actor has used due care. The counterpart of unavoidable accident is...

Petrin on Directors' and Officers' Tort Liability

Posted on May 27, 2009
Martin Petrin (S.J.D. cand. UCLA) has posted a draft of his recent article "The Curious Case of Directors? and Officers? Liability for Supervision and Management: Exploring the Intersection of Corporate and Tort Law" on SSRN. The abstract provides: Directors? and...

The Fight Against Libel Tourism in Britain

Posted on May 26, 2009
Sunday's NY Times had an interesting article on libel tourism - plaintiffs with little connection to Britain who bring libel lawsuits against American authors in London courts using Britain's friendlier libel laws. From the article: London has gained a reputation...

Tort Lawyer Websites

Posted on May 26, 2009
Eric Turkewitz has an interesting post about the various priorities he attempts to advance in working on his website. While not academic, it's a useful overview of all of the moving parts a practicing tort lawyer has to deal with....

Memorial Day 2009

Posted on May 25, 2009
We at TortsProf express our deep gratitude for those who gave their lives so that we could live ours.

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