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Personal Injury Law

TortsProf Blog

Post Frequency: 5.1/day

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

More on the Arkansas Ruling

Posted on May 04, 2009
The Arkansas Democrat-Gazette has some more about that state's Supreme Court striking down part of its liability reform (mentioned in last week's roundup), including the governor's criticism of the opinion, perhaps undercut a bit by his acknowledgment that he hasn't...

Two Torts-Related Recommendations from Solum

Posted on May 02, 2009
Over at Legal Theory Blog, Larry Solum (Illinois) has recommended two pieces of torts scholarship. First, Theodore Eisenberg, Michael Heise, and Martin Wells (all Cornell) have the "Download of the Week" in Variability in Punitive Damages: An Empirical Assessment of...

Personal Injury Roundup No. 34 (5/1/09)

Posted on May 01, 2009
I've got a couple more days until the exams roll in for grading, so I'm off to Brooklyn for the weekend. Here's a look at some of what happened this week in tort law. Reform, Legislation, Policy CEO of Universal...

"Prosser on Torts" in Pop Culture

Posted on April 30, 2009
And now for something completely different. The end of classes finds me in a somewhat mellow mood, focusing on the lighter side of torts. In that vein, I'm curious about the number of references to Prosser on Torts in pop...

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Geistfeld on the Compatibility of Rights-Based and Efficiency-Based Theories of Tort

Posted on April 30, 2009
Mark Geistfeld (NYU) has posted on SSRN Efficiency, Fairness, and the Economic Analysis of Tort Law. Here is the abstract: Throughout its history, the economic analysis of tort law has been largely limited to one question: How should tort rules...

Andrew Speaker Sues CDC for Tuberculosis Attention

Posted on April 30, 2009
Andrew Speaker, an Atlanta lawyer, has sued the CDC for privacy-related torts arising from the attention he received back in 2007 when the CDC publicized his international travel with what the CDC asserted was a dangerous form of TB. He...

Charleston Law Review Cited by Justice Thomas

Posted on April 29, 2009
Admittedly, this is not Torts-related, but I am so proud of my students that I ask your indulgence this one time. In yesterday's ruling in FCC v. Fox Television Stations, et al., Justice Thomas cited an article in the Charleston...

Behrens on "What's New In Asbestos Litigation?"

Posted on April 29, 2009
Mark Behrens (SHB) has a new article coming out this week in the Texas Review of Litigation, "What's New in Asbestos Litigation?" published at 28 Rev. Litig. 500 (2009). Download What's New in Asbestos Litigation (pdf). The abstract provides: Asbestos...

The FDA at 100 Days

Posted on April 28, 2009
MSNBC reports on the expected overhaul of the FDA by President Obama including the possibility of merging the USDA with the FDA. - SBS

Sen. Specter Proposes "Cures Administration Network"

Posted on April 28, 2009
Reuters reports that Sentator Arlen Specter (R-PA) is proposing the curiously named "Cures Administration Network," a new federal agency that would award grants to bio-tech companies. - SBS

Myths of Consumer Protection Law

Posted on April 27, 2009
Via Point of Law, the University of Chicago School of Law's Coase Lecture. The intro from the blog post: Professor Omri Ben-Shahar spoke on the "Myths of Consumer Protection" at this year?s annual Ronald H. Coase lecture for first year...

Blawg Review #209 Up

Posted on April 27, 2009
Hosted this week by the NY Injury Cases Blog, it has a bit of a torts focus. --BC

OK: Tie Vote Stalls Attorney's Fee Cap

Posted on April 25, 2009
A bill to limit attorney's fees to 33% of the first million dollars and 20% of amounts over $1 million stalled in the Oklahoma Senate with a tie vote. NewsOK has the details. --CJR

Personal Injury Roundup No. 33 (4/24/09)

Posted on April 24, 2009
As the semester winds down, tort law rolls on... Reform, Legislation, Policy Nevada Supreme Court, citing a large backlog, arranges for retired judges to help settle med mal cases. (Las Vegas Business Press) Provisions of a Colorado bill that would...

PA Governor: Med Mal Stabilized

Posted on April 24, 2009
On Thursday, PA Governor Ed Rendell cited statistics that med mal cases have declined 41% since early in the decade, and claimed that the changes are attributable to legal reforms. In 2002, PA instituted venue restrictions and required a certificate....

Hylton on Intent in Tort Law

Posted on April 23, 2009
Keith Hylton (Boston) has posted on SSRN Intent in Tort Law. Here is the abstract: This paper, prepared for the 2009 Monsanto Lecture in Tort Jurisprudence, explains intent standards in tort law on the basis of the incentive effects of...

Brownstein on the Ramifications of Heller for Self-Defense

Posted on April 23, 2009
Alan Brownstein (UC Davis) has posted to SSRN The Constitutionalization of Self-Defense in Tort and Criminal Law, Grammatically Correct Originalism, and Other Second Amendment Musings. Here is the abstract: This article considers several issues raised by the Supreme Court?s opinion...

In Texas, No Health Care Savings (Yet?) From Caps

Posted on April 22, 2009
Dallas Morning News columnist Jim Landers takes a look at the impact of caps on medical malpractice awards in Texas, concluding that (based on varioust data), at least as yet, the reduced malpractice insurance rates have not translated into lower...

Health Reform or Climate Change?

Posted on April 22, 2009
Congress returned from its recess on Monday and has to decide whether to prioritize health care reform or climate change. The Wall Street Journal reports that Congressional Democrats are leaning towards health care reform. Reed Smith's Health Industry Washington Watch...

Iraq v. Beaty Recap

Posted on April 22, 2009
Up at the SCOTUSBlog. --BC

Civil Lawsuit Against Army Corps of Engineers Over Katrina Destruction Began Yesterday

Posted on April 21, 2009
As the New York Times reports, the Katrina lawsuit against the Army Corps of Engineers began yesterday in the United States District Court for the Eastern District of Louisiana. Judge Stanwood R. Duval is hearing the case without a jury....

Food Safety - Thank Goodness for Minnesota

Posted on April 21, 2009
Yesterday, the New York Times had an interesting article on how states handle food safety reports. Thankfully for the rest of us, Minnesota is a very diligent state, "safeguarding not only Minnesotans but much of the rest of the country,...

NYU Posts Preemption Symposium Videos, Materials

Posted on April 20, 2009
Here. --BC

Suit Alleges Collusion Between Plaintiffs' Lawyers, Diocese in Abuse Settlements

Posted on April 20, 2009
The Diocese of Charleston denies the allegations, which were made in a suit filed earlier this year. The suit was originally filed directly in the South Carolina Supreme Court, which refused to hear it under its original jurisdiction, and so...

More on Iraq v. Beaty

Posted on April 20, 2009
I posted over the weekend about the Supreme Court hearing argument today in the case of Iraq v. Beaty, addressing whether U.S. courts have jurisdiction over tort suits against Iraq for alleged torts during Saddam Hussein's reign. The SCOTUSBlog has...

Supreme Court to Hear Argument on Suit Against Iraq

Posted on April 19, 2009
Tomorrow the Supreme Court will hear argument in Iraq v. Beaty, a case addressing the U.S. courts' jurisdiction over claims against Iraq for liability claims for actions that took place during Saddam Hussein's reign. The case has consolidated a number...

Helland & Klick on Regulation by Litigation

Posted on April 18, 2009
Eric Helland (Claremont McKenna College/RAND) and Jonathan Klick (Penn) have posted on SSRN The Relation Between Regulation and Class Actions: Evidence from the Insurance Industry. Here is the abstract: Standard law and economics models imply that regulation and litigation serve...

Personal Injury Roundup No. 32 (4/17/09)

Posted on April 17, 2009
Here's the past week in Torts: Reform, Legislation, Policy Bill creating market-share liability for lead paint in Baltimore fails to pass Maryland General Assembly. (Law & More, Point of Law) Point: Texas Med-Mal Damages Caps Worked. (Point of Law) Counterpoint:...

More Bizarre Warnings

Posted on April 16, 2009
Fox News has an article on odd warnings found on products. For example, on the iPod Shuffle: "Do Not Eat iPod Shuffle." The article, with more tasty examples, is here. --CJR

Top 10 Recent Torts & Products Liability SSRN Downloads

Posted on April 16, 2009
Among papers posted in the last 60 days, the top 10 papers for the SSRN Torts & Products Liability e-Journal are: 1. Estimating the Effect of Damages Caps in Medical Malpractice Cases: Evidence from Texas David A. Hyman , Bernard...

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