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Personal Injury Law

TortsProf Blog

Post Frequency: 5.1/day

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

"Tort Liability for Human Rights Abuses"

Posted on November 03, 2008
That's the title of a new book by George Fletcher (Columbia). A press release announcing it is here. --BC

Wyeth Preview

Posted on November 03, 2008
The SCOUTSwiki preview of Wyeth v. Levine preemption case, being argued today, is here. --BC

Wyeth Transcript

Posted on November 03, 2008
The transcript from today's argument is here [PDF]. The usual suspects have reports from the argument. --BC

Posted on November 02, 2008
The plaintiff's attorney in the case I discussed here sent along the complaint and exhibits to it: Download Cyclone.pdf [PDF]. Readers who aren't interested in the minutiae of roller coaster operations should probably move along now. There are a couple...

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Mass Torts in China

Posted on November 01, 2008
Defective Chinese products have received a lot of attention recently. Yesterday, Mass Tort Lit Blog posted this interesting piece about how the Chinese handle these issues internally. --CJR

Personal Injury Roundup No. 13 (10/31/08)

Posted on October 31, 2008
Happy Halloween to you all (I have a skeleton and Eleanor Roosevelt in my house), and please go vote. But only after reading this week's updates: Reform, Legislation, Policy Asbestos litigation: the gift that keeps on giving [ALI-ABA] Not quite...

New Issue of Journal of Tort Law is Available

Posted on October 30, 2008
A new issue of bepress's Journal of Tort Law is now available. It features three articles: Operationalizing Deterrence: Claims Management (In Hospitals, a Large Retailer, and Prisons) by Margo Schlanger A Watershed Moment: Reversals of Tort Theory in the Nineteenth...

Coney Island Cyclone Death Results In Lawsuit Against City

Posted on October 30, 2008
Newsday has some details on the death, in which Keith Shirasawa fractured a vertebrae on the Brooklyn roller coaster (the NYPost's coverage from the time is here; I posted about it here). The Newsday story includes this odd bit: Lawyers...

Texas A&M Settles Bonfire Suit

Posted on October 29, 2008
Nearly a decade ago, the annual Texas A&M bonfire collapsed, killing a dozen people. The school has now settled litigation arising from the tragedy, agreeing to pay $2.1 million and promising to have engineering oversight if the bonfire ever returns....

Design Defect Law in Illinois

Posted on October 29, 2008
In a great teaching case (pdf), the Illinois Supreme Court discussed, at length, the development of defective design standards. In particular, the court examined the use of the risk-utility test versus the consumer-expectation test. The court declined to adopt Section...

"The Evidence Gap"

Posted on October 28, 2008
In a series of articles, the New York Times explores "the evidence gap." These articles examine "medical treatments used despite scant proof they work and will consider steps toward medicine based on evidence." In the latest piece, Reed Abelson looks...

"Asbestos Litigation: Where Is It Going? When Will It End" Presented by ALI-ABA

Posted on October 28, 2008
ALI-ABA is sponsoring a conference on "Asbestos Litigation: Where Is It Going? When Will It End?" on December 4th-5th in San Antonio, Texas. The program description provides: This advanced course of study examines the reevaluation of asbestos litigation that is...

WSJ on Wyeth

Posted on October 27, 2008
The Journal has a piece on the Wyeth v. Levine case, being heard next week. (Any DC readers want to blog the argument?) --BC

Punitives Rejected in Taser Death

Posted on October 27, 2008
According to a press release issued by TASER, although it was found 15% responsible for the death of a man tasered by police, the judge, on post-trial motions, vacated the jury's grant of punitive damages. An earlier story on the...

$16.2 Million Default Award in Hazing Death Lawsuit

Posted on October 26, 2008
The family of a Marietta, Georgia, college student, Tyler Cross, who died in an alleged frat hazing at the University of Texas was awarded $16.2 million in a default judgment against the Sigma Alpha Epsilon fraternity. Cross, a 2006 Lovett...

Personal Injury Roundup No. 12 (10/24/08)

Posted on October 24, 2008
On this day in history, the George Washington Bridge in New York City was dedicated, and the forty-hour work week went into effect in the United States. No historical torts news, so on to recent events: Reform, Legislation, Policy Science...

Two from the Widener Faculty

Posted on October 23, 2008
Two of my colleagues on the Delaware campus have recently uploaded torts-related pieces to SSRN. Jean Eggen posted The Synergy of Toxic Tort Law and Public Health: Lessons from a Century of Cigarettes (forthcoming Connecticut Law Review). Meanwhile, Martin Kotler...

Sebok on Judge Weinstein's Decision to Bar Race-Based Actuarial Data

Posted on October 23, 2008
In his latest Findlaw column, Tony Sebok addresses Judge Weinstein's recent decision barring the use of race-based actuarial tables in calculating the lifespan of a severely-injured African-American man who sought future medical expenses, and pain and suffering damages...

Passengers Sue Lindsay Lohan for "Shock, Fear, and Panic" During Car Chase

Posted on October 22, 2008
Three male passengers have sued Lindsay Lohan based on the 2007 car chase that led to the actress's second DUI arrest. According to People Magazine, the plaintiffs "'felt surprise, shock, fear and panic at Lohan's surprising and sudden act' of...

Five-Year-Old Climbs Six-Foot Fence, Gets on Roller Coaster Tracks

Posted on October 22, 2008
...and, remarkably, is fine. A five-year-old got over a six-foot fence and onto the tracks of the Pepsi Orange Streak coaster (formerly the Pepsi Ripsaw) at the Mall of America's amusement park. He was seen by an employee and, after...

Causation in Court: Working Principles for Toxic Tort Cases

Posted on October 21, 2008
The Washington Legal Foundation has published "Causation in Court: Working Principles for Toxic Tort Cases" (pdf) authored by Antony Klapper, a partner in the DC office of Reed Smith. The paper focuses on "toxic substances and disease causation," and proposes...

Is Electricity a "Product"?

Posted on October 21, 2008
So asks William Ruskin over at Toxic Tort Litigation Blog. (I missed this nugget back in September, and think it worth mentioning, albeit tardily). Ruskin comments on a recent Connecticut decision holding that "once electricity entered the homeowner's residence, it...

Confidentiality in Settlements

Posted on October 20, 2008
There's a new RAND paper at SSRN, written by James Anderson of that organization, discussing a situation in which not requiring (indeed, not permitting) confidentiality in settling mass tort cases may be beneficial to defendants. His case study is of...

Squabbling Over Exxon Punitive Damages

Posted on October 20, 2008
We don't usually get to hear a lot about what happens after money is released to satisfy (part of) judgments, but in the Exxon Valdez case, we do: It took better than 19 years for Alaska commercial fishermen and other...

The Nation on The Court

Posted on October 20, 2008
The Nation this week has a forum on the stakes in the November election in connection with potential Supreme Court nominees. David Vladeck (Georgetown) writes a short preemption piece. --BC

Pfizer Getting out of Cox-2 Litigation

Posted on October 18, 2008
Pfizer announced this week that it has reached agreements to settle all of its Cox-2 litigation -- Bextra and Celebrex -- for just shy of $900 million. The settlement will resolve personal injury claims as well as state AG and...

Beyond the Traditional Textbook

Posted on October 18, 2008
Eric Johnson (North Dakota), who is guestblogging at Prawfs, posted here about supplementing traditional appellate opinions with a first-person narrative of real cases in his Torts course. (Professor Johnson used chapters from Four Trials by John Edwards)...

Werewolf Mishap

Posted on October 18, 2008
It hasn't resulted in litigation (yet?), but I can't resist noting a story that has the headline "Guest suffers minor cut in Six Flags werewolf mishap." A stilt-walking werewolf character at Six Flags Great America's Fright Fest tripped and fell...

Personal Injury Roundup No. 11 (10/17/08)

Posted on October 17, 2008
I have no pithy introduction to this week's Roundup. Here it is: Reform, Legislation, Policy AAJ sent out a press release on October 15 entitled "FOIAs Reveal How Bush Administration Made Complete Immunity for Negligent Corporations a Top Priority." The...

Burch on Procedural Justice in Nonclass Aggregation

Posted on October 16, 2008
Mass Tort Lit Blog's Elizabeth Chamblee Burch (Florida State) has posted on SSRN Procedural Justice in Nonclass Aggregation. Over at Legal Theory Blog, Larry Solum discusses and recommends the piece. --CJR

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