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Personal Injury Law

TortsProf Blog

Post Frequency: 5.1/day

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

Negligent Spotting?

Posted on February 19, 2009
The family of a boy whose finger was crushed in a weightlifting accident at a high school in Virginia has sued the gym teacher. The Roanoke Times has the story, via VLW Blog. --CJR

Second Circuit Upholds NYC's Fast Food Menu Rule

Posted on February 18, 2009
In a ruling yesterday, the United States Court of Appeals for the Second Circuit upheld the New York City rule requiring chain restaurants to list calorie information on menus. The New York State Restaurant Association had challenged the regulation on...

Hess Lawyers Seek $130M+ in Tobacco Case

Posted on February 18, 2009
The AP has details; $100M of the amount sought is punitive damages. The jury found causation in an earlier phase of the trial, and the since-decertified class action established in Florida that the tobacco companies hid risks of smoking. --BC

$8M in Hess v. Philip Morris

Posted on February 18, 2009
USA Today has the story; Philip Morris will appeal (press release), focusing on the use of the findings from the Engle class before it was decertified. --BC

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Federal Money for "Comparative Effectiveness" Studies

Posted on February 17, 2009
The New York Times reports that the stimulus bill includes $1.1 billion to fund "comparative effectiveness" research, i.e., comparing the effectiveness of different treatments for the same condition or illness. Dr. Elliott S. Fisher of Dartmouth Medical School said the...

Food & Drug Law Annual Conference

Posted on February 17, 2009
Titled "Opportunities and Challenges Facing FDA & the New Administration," the Food & Drug Law Institutes's Annual Conference will focus on changes under President Obama's new administration. The conference is scheduled for April 22-23rd, 2009. An agenda and speaker list...

Delaying DTC Advertising

Posted on February 16, 2009
The defense-side Drug & Device Law Blog has some thoughts; even if you disagree with the conclusions, they seem to identify the issues in play accurately. --BC

Culhane on Marriage, Tort, and Private Ordering

Posted on February 15, 2009
John Culhane (Widener) has posted Marriage, Tort, and Private Ordering: Rhetoric and Reality in LGBT Rights on SSRN. Here is the abstract:This article takes a critical, historical view of the LGBT rights movement in three related areas: marriage equality; injury...

Conference: Restatement (Third) of Torts: Physical and Emotional Harm

Posted on February 14, 2009
Wake Forest University School of Law, the University of Texas School of Law, and the American Law Institute are sponsoring a Symposium on April 2-3 in Winston-Salem, North Carolina to discuss the upcoming Restatement (Third) of Torts: Physical and Emotional...

Personal Injury Roundup No. 24 (2/13/09)

Posted on February 13, 2009
In the week my son turned 4, the world of torts kept moving... Reform, Legislation, Policy Roderick Hills and Cathy Sharkey on preemption (Stier/Mass Torts Prof) Georgia judge strikes down med mal caps (Olson/Point of Law) Albany Law School symposium...

RICO Suit Brought Against Asbestos Screeners, Others

Posted on February 13, 2009
LegalNewsLine has details of the claims against a radiologist and others who, the complaint alleges, "have schemed to generate false medical test results, false medical reports and false diagnoses to substantiate tens of thousands of personal injury cases filed against...

Stapleton on Causation

Posted on February 12, 2009
Jane Stapleton (Australian National University College of Law/Texas) has posted Choosing What We Mean by "Causation" in the Law on SSRN. In the article, Stapleton offers a "radical new account of 'causation' in the law," and contrasts her account with...

Abraham on Custom

Posted on February 12, 2009
Kenneth Abraham (Virginia) has posted Custom, Non-Customary Practice, and Negligence on SSRN. Here's the abstract:The rule that evidence of compliance with or departure from custom is admissible to prove negligence implements the idea that recurring patterns of conduct have a...

Court of Federal Claims Rejects Autism-Vaccine Claims

Posted on February 12, 2009
Point of Law reports that the Court of Claims rejected the claim that the claimants' autism was caused by the MMR vaccine's thimerosol. CNN Money has more details, and you can access the decisions at the Court of Claims' website....

Suit Alleges Disney's Tower of Terror Caused Stroke, Heart Attack

Posted on February 12, 2009
In an interesting counterpoint to the suit I noted earlier this week seeking more rides on the Twilight Zone: Tower of Terror Ride at Walt Disney World (there the plaintiff contends that the ride is good for her health), a...

Pump Handle on the Wakefield/MMR Stuff

Posted on February 12, 2009
An interesting take, focusing on the issue of peer review in the process. --BC

Causation Found in Hess Case

Posted on February 12, 2009
The WSJ has the story. The jury found that the plaintiff's lung cancer was caused by his smoking. But there remain both liability (presumably the defect/negligence question) and damages phases of the trial. --BC

Slippery Slope Interview with Kia Franklin

Posted on February 11, 2009
Over at the Slippery Slope, Meredith Miller (Touro) has an interview with Kia Franklin, a Senior Fellow in Civil Justice at the Drum Major Institute. The conversation includes DMI's civil justice platform, mandatory arbitration and arguments for a civil right...

A New Site About Online Marketing of Asbestos Lawyers

Posted on February 11, 2009
Someone sent me a link this morning to Sleaze-othelioma, a new blog that describes its mission as such:This blog is to provide a factual document regarding the marketing practices of staff involved in promoting mesothelioma sites. This blog is not...

Suit Demands More Rides on Disney's Tower of Terror

Posted on February 11, 2009
Denise Mooty says (and has a doctor who agrees) that riding on Disney's Tower of Terror ride relieves the pain of her abdominal adhesions, and she apparently rode the ride more or less constantly in recent years. But then Disney...

Wrongful Death Suit Against Seahawk Manufacturer

Posted on February 10, 2009
Families of four Navy crewmen who were killed when their Seahawk helicopter crashed into the Pacific Ocean have filed a wrongful death suit against the helicopter manufacturer as well as the parts manufacturers. NavyTimes has a full report. - SBS

Assault Trial Begins for Former "Sopranos" Star

Posted on February 10, 2009
Former "Sopranos" star Vincent Pastore is in trial in New York state court facing a tort suit by his former girlfriend for $5.5 million. She alleges that he assaulted her during an argument; Pastore denies hitting her. More on the...

Goldacre Threatened with Copyright Suit in MMR Flap

Posted on February 09, 2009
It's a lengthy and complicated story, but you might find it interesting: here (Goldacre's Bad Science blog, including a gazillion links to more coverage). And, in a bit of an aside, early in the MMR story appears Andrew Wakefield, who...

Zyprexa Class Decision Appeal Certified

Posted on February 09, 2009
In a not-very-big surprise, the Second Circuit has agreed to review Judge Weinstein's class certification in the Zyprexa RICO decision. Mass Tort Defense has more. --BC

Peanut Butter: "It Keeps Getting Worse"

Posted on February 09, 2009
The Pump Handle has an overview. --BC

First Post-Engle Trial Begins

Posted on February 08, 2009
A few years ago, the Florida Supreme Court threw out a $145 billion class verdict against various members of the tobacco industry. Now, as Sheila noted in last week's roundup, the first Florida trial post-Engle has begun; Bloomberg has a...

Soutwestern Law School Asbestos Symposium Articles

Posted on February 07, 2009
Sheila mentioned them in the Roundup yesterday, and I want to highlight the Southwestern asbestos symposium articles over at Mass Torts Prof. Alan Calnan and Byron Stier put together a fantastic conference. The articles lineup includes: Mark Behrens & William...

Pain-and-Suffering Awards for Hip and Pelvis Injuries

Posted on February 07, 2009
Over at New York Injury Cases Blog, John Hochfelder has an intriguing post demonstrating the variability of pain-and-suffering awards for hip and pelvis injuries. --CJR

Personal Injury Roundup No. 23 (2/6/09)

Posted on February 06, 2009
Here's this weeks news from the world of torts... Reform, Legislation, Policy Speculation on who is to be named FDC Chief, leading contenders include Dr. Robert Califf, a Duke University cardiologist, or Dr. Joshua Sharfstein, Baltimore's health commissioner...

Fletcher Comments on Tort Liability for Human Rights Abuses

Posted on February 05, 2009
Yesterday's NYT "Room for Debate" column included a section by George Fletcher (Columbia) on the role American law can play in prosecuting war crimes via the Alien Tort Claims Act. --CJR

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