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Personal Injury Law

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

Sebok on the Supreme Court's Latest Preemption Decision: Altria Group v. Good

Posted on January 06, 2009
In his latest Findlaw column, Tony Sebok discusses the Supreme Court's recent preemption decision in Altria Group v. Good (pdf). Sebok believes that "the two deeply-divided opinions produced by the Court give us hints as to how it will decide...

Pharmalot Ending

Posted on January 05, 2009
So posts Ed Silverman. Alas. It was a terrific resource for all people interested in the world of pharma. --BC

"Big Dose of Change" for FDA on the Way?

Posted on January 05, 2009
The Philadelphia Inquirer has a story today covering President-Elect Obama's task in choosing an FDA head. The (clever) lede: President-elect Barack Obama is prowling for a new head for the U.S. Food and Drug Administration, which, in the eyes of...

No Health Effects, but Punitives Possible Against 3M on Trespass and Negligence

Posted on January 03, 2009
The Star Tribune has details on the trial court ruling relating to PFCs in the groundwater in Washington County, Minnesota. Essentially, the plaintiffs can't go forward with claims that the PFCs harmed their health, but can proceed on a trespass...

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Two By Leflar

Posted on January 01, 2009
Just in time for the AALS panel on Foreign Tort Law Beyond Europe, Robert Leflar (Arkansas) has posted on SSRN two pieces about regulating the Japanese medical profession. First up is The Regulation of Medical Malpractice in Japan. Here is...

Born, Viscusi, and Baker on Med Mal Tort Reform Effects

Posted on January 01, 2009
Patricia Born (Cal State, Northridge), Kip Viscusi (Vanderbilt), and Tom Baker (Penn) have posted The Effects of Tort Reform on Medical Malpractice Insurers' Ultimate Losses on SSRN. Here is the abstract: Whereas the literature evaluating the effect of tort reforms...

Happy New Year!

Posted on December 31, 2008
Happy New Year to all our readers! - SBS

200,000

Posted on December 31, 2008
At about 9:00 this morning, we received our 200,000th visitor to the TortsProf blog. (We're closing in on the 300,000th page view.) (In case you're curious, the 200,000th visit was from someone at the Chicago office of Jones Day. Thanks...

Arkansas Sizzler Suit Settled

Posted on December 31, 2008
Earlier this year, I noted the lawsuit, related to the death of a seven-year-old boy on a Sizzler carnival ride on Easter 2007. It's now settled for an undisclosed amount. I've posted about the Sizzler and somewhat similar incidents here,...

Negligent Cheerleading

Posted on December 30, 2008
According to the WSJ Law Blog, the Wisconsin Court of Appeals has cleared the way for a ninth grade cheerleader to bring a negligence claim against her fellow student cheerleader for allegedly failing to properly spot her during a stunt....

Tort Reform on GOP Agenda in Tennessee

Posted on December 30, 2008
The Tennessean reports that GOP lawmakers have tort reform on their agenda for next year. Possible legislation may include caps on damages against nursing homes, although a similar measure died in committee last year. - SBS

China Prepares Tort Legislation

Posted on December 27, 2008
Tort legislation is now under consideration in the National Peoples' Congress. From CRIENGLISH.com: The Beijing-based "Guang Ming Website" published a commentary saying that the long-awaited tort liability law will classify civil wrongs against persons or properties and protect people's rights...

Professor Dan Dobbs Receives 2009 William L. Prosser Award

Posted on December 26, 2008
From the announcement e-mail: Dan Dobbs will receive the William Prosser award for outstanding contributions to Torts scholarship, teaching, and service at this year's AALS Torts Section Meeting. Professor Dan B. Dobbs, the Regents & Rosentiel Distinguished Professor of Law...

Mark Lanier Addresses Jon Hanson's Torts Class

Posted on December 26, 2008
Mark Lanier, of Vioxx litigation fame, addressed Jon Hanson's Torts class at Harvard last month. He discussed the psychological aspects of tort law, focusing on communicating with juries. A summary and webcast are available here. --CJR

Grady on Tort Liability and Irrational Actors

Posted on December 25, 2008
Mark Grady (UCLA) has posted The Free Radicals of Tort on SSRN. Here is the abstract: Rational and irrational people are typically held to an identical tort standard when it is a question of their own liability. On the other...

Medical Publisher Reviews Claim of Ghostwriting by Wyeth

Posted on December 24, 2008
The New York Times reports that Elsevier, a publisher of medical journals, is investigating whether an article published in the May 2003 edition of the American Journal of Obstetrics and Gynecology was ghostwritten by Wyeth. The article found "no definitive...

Tiger Mauling Victim Sues SF Zoo

Posted on December 24, 2008
Last Christmas, a seventeen-year-old was mauled to death at the San Francisco Zoo. His parents are suing, contending that the barriers around the tiger's pen were inadequate. Another story points out that his friends (who were not killed) sued earlier...

Who Should Pay for Litigation Costs?

Posted on December 23, 2008
In today's Wall Street Journal, Dan Slater examines the question of who should pay the costs of litigation - a loser pays rule as in Canada, Germany and the U.K., or the so-called American rule where each side bears its...

Kim on "Imposing Tort Liability on Websites for Cyber-Harassment"

Posted on December 23, 2008
The new volume of the Yale Law Journal Pocket Part includes an article by Nancy S. Kim (Cal Western) on "Imposing Tort Liability on Websites for Cyber-Harassment." Kim acknowledges that websites are immune from liability as publishers, but argues that...

Good Samaritans in California

Posted on December 22, 2008
I linked to a story about it in Friday's Roundup, but it's worth noting separately that California's Supreme Court last week ruled that the tort liability protection for rescuers is narrow. For more, see LegalNewsline.com, Law.com, and the opinion itself...

Personal Injury Roundup No. 19 (12/19/08)

Posted on December 19, 2008
Note: There will be no roundup for the next two weeks. We'll return with the roundups on January 9. Posting will otherwise continue, though perhaps sporadically, over the break. Last week, Chris wrote from amidst Blue Books. This week, I'm...

Noah on "Product Stewardship" in Torts

Posted on December 18, 2008
Lars Noah (Florida) has posted Platitudes about "Product Stewardship" in Torts: Continuing Drug Research and Education on SSRN. Here's the abstract: This paper focuses on one emerging aspect of tort litigation against pharmaceutical manufacturers that, if it gained traction, portends...

Austrailia Redefines Old Tort of "Breach of Confidence"

Posted on December 17, 2008
The Australian reports that the Victorian Court of Appeal in Australia has expanded the old tort of "breach of confidence" to allow liability even if the publisher of material created in confidence was "unaware the material in question is covered...

British Group Claims Child Food Ads Are "Misleading"

Posted on December 16, 2008
The BBC reports that the British Heart Foundation has called for tougher regulation of child food advertisements in Britain: It suggested that companies used a variety of "misleading" techniques to make them seem healthier than they actually are. One example...

"Judicial Hellholes 2008"

Posted on December 16, 2008
The American Tort Reform Association has released its annual "Judicial Hellholes" (pdf) ranking: West Virginia South Florida Cook County, Illinois Atlantic County, New Jersey Montgomery and Macon Counties, Alabama Los Angeles County, California Clark County, Nevada Rio Grande Valley and...

Altria Group v. Good decided

Posted on December 15, 2008
SCOTUSWiki entry here; opinion here, concluding that the labeling act does not preempt state law fraud claims in connection with "light" cigarette advertising. --BC

Chicken Little, Tort Law, & Roller Coasters Revisited

Posted on December 15, 2008
The nature of blogging is such that it's easy to lose a long-term view of things (at least for me); an event occurs, predictions are made, and we forget about it. But this time of year, where amusement parks tend...

New Hampshire Med Mal Screening Under Scrutiny

Posted on December 15, 2008
A few years ago, New Hampshire adopted med mal screening panels -- requiring plaintiffs to submit their cases to a panel. While the panel (made up of a doctor, a lawyer, and a judge) (must resist a "...walk into a...

Baker on Liability Insurance at the Tort-Crime Boundary

Posted on December 14, 2008
Tom Baker (Penn) has posted Liability Insurance at the Tort-Crime Boundary on SSRN. Here's the abstract: This essay explores how liability insurance mediates the boundary between torts and crime. Liability insurance sometimes separates these two legal fields, for example through...

Washington Absestos Duty to Warn Companion Cases

Posted on December 13, 2008
On Thursday, the Washington Supreme Court, by a 6-3 vote in companion cases, held that makers of nonhazardous component parts, such as pumps or valves, have no duty to warn about asbestos products (like insulation or replacement gaskets) made by...

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