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Personal Injury Law

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

Struck By Stripper's Stiletto; Suing

Posted on October 16, 2008
One Charles Privette is suing the tastefully named "Booby Trap" strip club in south Florida after he was injured by a dancer's shoe, which allegedly "flew off during a pole dance, shattered the mirrored ceiling and caused glass and the...

City of New Haven Looking for Counsel To Sue Big Pharma

Posted on October 15, 2008
Ed Silverman at Pharmalot reports that the City of New Haven is seeking outside counsel to sue Merck and Schering-Plough for "allegedly defective/ineffective pharmaceuticals Vytorin and Zetia," two cholesterol lowering drugs. The city hopes to recover some $400,000 spent on...

A Products Liability Poem

Posted on October 15, 2008
In Monday's Writer's Almanac, Garrison Keillor brings us the poem "Warnings" by David Allen Sullivan. An excerpt: A can of self-defense pepper spray says it may irritate the eyes, while a bathroom heater says it's not to be used in...

Fullbright's Annual Litigation Trends Survey

Posted on October 15, 2008
Fulbright & Jaworski have released their 5th Annual Litigation Trends Survey. According to the press release, By several key indices, the overall pace of fresh litigation indeed trended downward in 2007-08, with 21% of U.S. companies reporting no new lawsuits...

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Pet Food Case Settlement Approved

Posted on October 15, 2008
The judge overseeing litigation related to contaminated pet food has approved a $24 million settlement. Of particular note is the fact that the settlement, by its terms, does not provide compensation for the loss of companionship (and some pet owners...

Settlement in Minnesota School Shooting

Posted on October 15, 2008
In March of 2005, a sixteen-year-old boy shot and killed seven students at Red Lake High School in Minnesota, injuring others, before killing himself. (He'd also killed his grandfather and his grandfather's girlfriend earlier in the day.) Yesterday, a $1...

Two Conferences of Interest: ABA on Class Actions and Chamber's Annual Legal Reform Summit

Posted on October 14, 2008
Two conferences of possible interest to readers: 1. The 9th Annual Legal Reform Summit presented by the Chamber of Commerce, Oct. 29th in DC. Topics include: The Congressional landscape for legal reform post-election; The public's stake in preserving pre-dispute arbitration...

J&J Paid $68 Million to Settle Birth Control Patch Suits

Posted on October 14, 2008
In a Bloomberg investigative report, reporter David Voreacos estimates that Johnson & Johnson paid nearly $68 million to settle personal injury suits based on the plaintiff's use of the J&J birth control patch Ortho Evra. - SBS

Campaign Funding in Mississippi Judicial Elections

Posted on October 13, 2008
The Clarion Ledger has an interesting piece today addressing judicial campaign finance, specifically the funding of advertising not formally affiliated with a particular candidate. As usual in Mississippi, a good chunk of money is spent in connection with tort policy...

Schuelke on Preemption

Posted on October 13, 2008
Former Roundup host and Austin plaintiffs' lawyer Brooke Schuelke has been posting a series of pieces on InjuryBoard about preemption. Worth reading. --BC

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

Posted on October 10, 2008
It's a beautiful week here in New England and it was a great week for me (if you'll pardon the self-congratulation), as my colleagues have voted to grant me tenure starting next academic year. It was a lively week in...

Congratulations to Frank McClellan

Posted on October 09, 2008
It has (belatedly) come to my attention that Frank McClellan (Temple) has retired after 28 years. Frank, who taught Torts and Medical Malpractice, is an expert in health law. I am indebted to Frank because he was kind enough to...

Kidd and Krauss on the Collateral Source Rule

Posted on October 09, 2008
Jeremy Kidd (George Mason) and Michael Krauss (George Mason Law) have posted to SSRN Collateral Source and Tort's Soul. Here is the abstract: Tort reformers have had a modicum of success in their efforts to eliminate or restrict the Common...

Sebok & Zipursky on Wyeth v. Levine (Part II)

Posted on October 08, 2008
In Part II of their look at Wyeth v. Levine, Tony Sebok and guest Benjamin Zipursky turn to the merits of the case: "whether there is a sound argument for preemption." Sebok and Zipursky quickly discard what they consider Wyeth's...

Two Upcoming BNA Conferences: Punitive Damages and the Consumer Product Safety Act

Posted on October 08, 2008
BNA has two upcoming conferences of interest to blog readers: 1. Wed., Oct. 15th, The New Course of Punitive Damages After Exxon and Philip Morris (Audio Conference). Punitive Damage Calculations - the Supreme Court in recent terms has been addressing...

Alito and Scalia Blame The FTC for Any Consumer Confusion About "Light" Cigarettes

Posted on October 07, 2008
Yesterday, the Supreme Court heard argument in the first case on its Oct. Term 2008 docket: Altria v. Good. In Altria v. Good, the plaintiffs allege that the use of the word "light" and "lower tar" on cigarette packaging misled...

Lawyers Circle California Metrolink Crash

Posted on October 07, 2008
The LA Times reports that plaintiffs' lawyers have aggressively pursued victims of the Metrolink crash: In the weeks since Metrolink Train 111 crashed head-on with a Union Pacific freight train in Chatsworth, killing 25 and injuring at least 130 others,...

Lawyer by Day, Ref by Sunday

Posted on October 06, 2008
A few weeks ago, the end of a Chargers/Broncos football game was decided by a clear mistake by referee Ed Hochuli. The call was reviewed, but the key mistake (incorrectly whistling the play dead) was unreviewable, essentially because it would...

Personal Injury Roundup No. 10 (10/3/08)

Posted on October 03, 2008
Reform, Legislation, Policy Illinois AG Lisa Madigan is calling on the CPSC to develop a plan to curb the sale of recalled products online and in second-hand shops. (LegalNewsline) As of October 1st, Medicare will not reimburse hospitals for ten...

Leroy S. Merrifield

Posted on October 02, 2008
Leroy S. Merrifield, the Lobingier Professor Emeritus of Jurisprudence and Comparative Law at George Washington University, passed away on September 19th at the age of 90. Although Merrifield was a labor scholar, he also taught Torts. In addition, Merrifield was...

Ex-Priest Sued for Stealing Parishioner's Wife

Posted on October 02, 2008
An Illinois man is suing his former priest for professional negligence, infliction of emotional distress, and (because it's Illinois) alienation of affections. In addition, he is suing the church for negligent supervision and retention. According to the reports, the man...

Biden & Torts, Again

Posted on October 01, 2008
The WSJ Law Blog has a look at the WSJ's opinion piece today highlighting VP candidate Sen. Joe Biden's tie to the plaintiffs' bar. --BC (whose pinky is healing nicely, if slower than he'd like)

Beck, Herrmann and Zipursky on Preemption

Posted on September 30, 2008
First, Drug and Device Law Blog have posted an excellent primer on preemption. As Beck and Herrmann succinctly state: Implied preemption of tort cases is a big deal because how the Supreme Court addresses implied preemption in Levine ? the...

Oregon Health & Science University Settles Six Malpractice Cases

Posted on September 30, 2008
The Oregonian reports that Oregon Health & Science University has agreed to settle six malpractice cases for a combined $38.5 million. In December, the Oregon Supreme Court invalidated a damages cap shielding OHSU and other Oregon state agencies from awards...

Cohen on China's Accountability for Its Products

Posted on September 29, 2008
In Saturday's Wall Street Journal, Marsha Cohen (UC Hastings) had a letter responding to the WSJ's editorial "The Tort Bar's Comeback." Cohen argues that the epidemic of defective products coming from China is caused by the absence of a tort...

Keitner on Ninth Circuit's Alien Tort Statute Decision

Posted on September 29, 2008
Chim�ne Keitner (UC Hastings) recently wrote a guest post at Opinio Juris analyzing the Ninth Circuit's decision on the Alien Tort Statute (mentioned in Friday's roundup). Keitner finds three lessons in the decision: "1. The crime of genocide requires that...

Personal Injury Roundup No. 9 (9/26/08)

Posted on September 26, 2008
We welcomed the first day of fall this past week, as well as the following news from the world of torts: Reform, Legislation, Policy The House Energy and Commerce Committee approved seven health-policy related bills. Life Sciences Legal Update provides...

Obama and McCain on Health Care Reform

Posted on September 25, 2008
Yesterday's New England Journal of Medicine published essays by both presidential candidates on their plans for reforming health care in the U.S. McCain's piece: "Access to Quality and Affordable Health Care for Every American." Obama's piece: "Modern Healthcare for All...

Judge Dismisses Mermaid Suit Against P. Diddy

Posted on September 25, 2008
In an opinion filed last week, a NY state court judge has dismissed the lawsuit filed against Sean Combs based on the "Mermaids Gone Wild" photos that appeared in Vibe magazine in 2006. In the suit, Maria Dominguez alleged that...

Sebok & Zipursky on Wyeth v. Levine

Posted on September 24, 2008
In this week's Findlaw column, Tony Sebok and guest Benjamin Zipursky consider Wyeth v. Levine and the "preemption temptation." Sebok and Zipursky provide a concise summary of the facts and arguments in Levine. They then focus on why the case...

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