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Personal Injury Law

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

OK Gov. Henry Signs Tort Reform Compromise

Posted on May 23, 2009
You may recall that, a little over a week ago, I posted on a compromise tort reform bill hammered out in the Oklahoma legislature. There were six main features of the bill: A redefinition of what constitutes a frivolous lawsuit,...

Schwartz Testifies in Favor of Liability for Foreign Corporations

Posted on May 21, 2009
Victor Schwartz (Shook, Hardy, & Bacon) testified on Capitol Hill on Tuesday in an effort to close a liability loophole for foreign corporations. "American companies are paying a tort tax," said Schwartz. "[Foreign companies] should have the same liability exposure...

Bill to Partially Overrule Feres Doctrine Approved by House Judiciary Subcommittee

Posted on May 21, 2009
On Tuesday, the House Judiciary Subcommittee on Commercial and Administrative Law approved a bill to allow armed services members and their families to sue for negligent medical care. The full House Judiciary Committee is expected to consider the bill by...

Personal Injury Roundup No. 37 (5/22/09)

Posted on May 21, 2009
A quick announcement before we get to the Roundup: You'll be seeing some schedule shifts over the next weeks and months. I (Bill) am becoming Western New England's Associate Dean for External Affairs and will be dialing down my posting...

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California Supreme Court Decides Important UCL Case

Posted on May 20, 2009
The California Supreme Court issued its opinion in In re Tobacco Cases yesterday. As Maura Dolan for the LA Times reports, The case against the tobacco industry, which lower courts had dismissed, charges the industry with luring people to smoke...

Delaware Deaths Not Caused By Heparin

Posted on May 20, 2009
As previously noted, the FDA and Baxter International were investigating whether the drug heparin was to blame for two deaths at Beebe Medical Center in Lewes, Del. The Wall Street Journal reports that Baxter has concluded that the deaths were...

Famous Tort Cases Poll

Posted on May 20, 2009
Larry Cunningham (GW) is seeking your input over at Concurring Opinion on famous tort opinions penned by Cardozo and Posner. - SBS

Robinette on Early Offers and Apologies

Posted on May 19, 2009
Our own Chris Robinette has just published "The Synergy of Early Offers and Medical Explanations/Apologies" in Northwestern Law Review's Colloquy. As the Introduction explains, Medical malpractice law has been subjected to strong criticism by both medical and legal commentators...

Comparative Fault Bill Passes NC House

Posted on May 19, 2009
As the Rocky Mountain Telegram (AP)reports, a bill that would change North Carolina to a comparative fault jurisdiction passed the NC House last week. North Carolina is currently a contributory negligence jurisdiction. Under the bill, North Carolina would become a...

Learned Intermediary in NY

Posted on May 18, 2009
Beck & Herrmann describe and oppose the bill. Alberto Bernabe (John Marshall) responds and supports it. --BC

Fraudulent Asbestos Removal

Posted on May 18, 2009
Via Point of Law, a stunning Boston Globe story about an diploma mill for asbestos abatement and the resultant risks. --BC

The Enduring Relevance of Palsgraf

Posted on May 16, 2009
Thanks to John Day for reminding us that spending time covering the classics is not only fun, but also practical. --CJR

Personal Injury Roundup No. 36 (5/15/09)

Posted on May 15, 2009
It's graduation weekend at many schools. Best wishes to all law grads! Reform, Legislation, Policy John Day on a doctor-owned med mal insurer's surgical checklist (Day on Torts) Hearings on the Medical Device Safety Act of 2009 (Drug and Device...

Torts Texts

Posted on May 14, 2009
Legal publishers are experimenting with a new "Looseleaf" format. The text will be printed, but not bound. Students will be able to purchase a binder to insert the pages of the text. I'm excited about this for two reasons. First,...

OK Tort Reform Compromise Forged

Posted on May 14, 2009
Republicans in the Oklahoma legislature reached out to trial lawyers and patient advocacy groups to forge a tort-reform compromise that the governor will likely sign. The major features of the bill: A redefinition of what constitutes a frivolous lawsuit, combined...

A Tax on Your Soda? Senate Holds Hearing on ?Financing Comprehensive Health Care Reform?

Posted on May 13, 2009
Yesterday, the Senate Finance Committee held a hearing on ?Financing Comprehensive Health Care Reform.? Over a dozen experts provided ideas about how to pay for the comprehensive health reform proposed by President Obama. As the Wall Street Journal reports, one...

FDA Investigating Heparin Deaths in Delaware

Posted on May 13, 2009
The FDA and Baxter International are investigating two deaths at Beebe Medical Center in Lewes, Del. Both patients were taking heparin, a widely used blood thinner made by Baxter. Both the WSJ and the Seattle Times (AP) have more. -...

Supreme Court Nomination & Tort Law

Posted on May 13, 2009
Over the coming weeks, we will no doubt hear a lot about the imminent Supreme Court vacancy, and some of those discussions will presumably relate to tort law. Today, a couple of links, with no representation that they're representative: Eric...

Trial Law Report - Tennessee Tort Law Edition - Free!

Posted on May 12, 2009
John Day is offering a free copy of the May 2009 edition of Trial Law Report - Tennessee Tort Law Edition. As Day explains, Trial Law Report summaries every tort, civil procedure, evidence and trial law opinion released by the...

"Is it becoming more dangerous to eat?"

Posted on May 12, 2009
So asks Andrew Martin and Gardiner Harris in Sunday's NY Times. - SBS

Colburn on Sunstein Appointment

Posted on May 11, 2009
My former colleague Jamie Colburn, now at Penn State, has a post up at Dorf on Law about Cass Sunstein's nomination to head the Office of Information and Regulatory Affairs. Worth a read. --BC

Tennessee Considers Increasing Cap on Punitive Damages in Nursing Home Suits

Posted on May 11, 2009
Nashville Scene has some details (with a definite perspective, suggested by the "Kill Old People Cheat" part of its headline). --BC

Leg Amputation Verdict: $27.5M

Posted on May 09, 2009
John Hochfelder at New York Injury Cases Blog has an analysis here. --CJR

Personal Injury Roundup No. 35 (5/8/09)

Posted on May 08, 2009
Happy Mother's Day to all moms! Here's what happened this week in torts: Reform, Legislation, Policy Dr. Margaret Hamburg sailed through her confirmation hearing as FDA head on Thursday. (NY Times, WaPo) President Obama seeks 19% increase in FDA budget...

Causation Missing in IL "Dead Person at the Foot of the Stairs" Case

Posted on May 07, 2009
A causation example many of us use in class is finding a dead person at the foot of a set of stairs. How are we to know whether a defect in the stairs caused the fall? The First Appellate District...

Geistfeld on L&E and Products Liability

Posted on May 07, 2009
Mark Geistfeld (NYU) has posted Products Liability to SSRN. Here is the abstract: This chapter for the Encyclopedia of Law and Economics (2d ed. forthcoming) provides a survey of the economic analysis of the law governing liability for defective products,...

Torts and the Collapse of the Dallas Cowboys' Training Facility

Posted on May 05, 2009
In his Sports Illustrated column this week, Michael McCann (Vermont) analyzes who could be held responsible for the collapse of the Dallas Cowboys' training facility last week. McCann considers negligence suits against the Cowboys as well as against the practice...

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