TortsProf Blog: Personal Injury Law

Home -> Law Blog Directory -> Personal Injury Law Blogs

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Personal Injury Law

TortsProf Blog

Post Frequency: 5.1/day

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

The Prospects for Federal Tort Reform

Posted on December 16, 2010
Yesterday's Washington Times contained an article about the effects of the November election regarding federal tort reform. ("Changes on the Hill bode ill for trial lawyers") --CJR

Top 10 Recent SSRN Torts & Products Liability Downloads

Posted on December 15, 2010
Rank Downloads Paper Title 1 292 Harry Potter and the Trouble with Tort Theory Scott Hershovitz, University of Michigan Law School, Date posted to database: October 7, 2010 Last Revised: November 14, 2010 2 203 Just a Joke: Defamatory Humor...

Robinette Named Editor of Volume 6 of Appleman's Insurance

Posted on December 14, 2010
TortsProf's own Chris Robinette is the editor for Volume 6 of the venerable treatise, Appleman on Insurance (Law Library Edition) (Lexis Nexis 2011). In addition to editing the volume, Robinette will also be writing the introduction. Volume 6 will focus...

Personal Injury Roundup No. 88 (12/10/2010)

Posted on December 10, 2010
My exam's written and now I'm just counting down the days to get to start reading 70 answers. But we've got the Roundup to keep us warm, right? New Suits Suit brought in connection with metal bats in Little League...

To access this complete feed in the blog feed reader login or register for free.

House To Take Up Food Safety Bill, But Does It Matter To Consumers?

Posted on December 09, 2010
From The Hill: The House this week will consider legislation to modernize the nation's food-safety protections, a top Democrat indicated Tuesday. Although the Senate passed a food-safety bill last week, it contained tax provisions that, according to the Constitution, must...

Twerski & Cohen on "Resolving the Dilemma of Non-Justiciable Causation in Failure-to-Warn Litigation"

Posted on December 08, 2010
Aaron Twerski (Brooklyn) and Neil Cohen (Brooklyn) have posted "Resolving the Dilemma of Non-Justiciable Causation in Failure-to-Warn Litigation." The abstract provides: Failure-to-warn cases represent a significant portion of product liability law, yet the core concepts of this body of law...

Goldberg on Liability for Economic Loss in Connection with the Deepwater Horizon Spill

Posted on December 07, 2010
At the request of Ken Feinberg, the administrator of BP's compensation fund for the Deepwater Horizon Spill, John Goldberg (Harvard) prepared an analysis of BP's potential liability for economic loss claims under the Oil Pollution Act (OPA). Goldberg concludes: Under...

Possible Tort Reform in FL?

Posted on December 06, 2010
Florida Governor-elect Rick Scott suggested various tort reform measures as part of his campaign, including changes to the state's bad faith laws, immunity for doctors treating Medicaid patients, and changes to the expert witness standards. The St. Augustine Record has...

Personal Injury Roundup No. 87 (12/3/10)

Posted on December 03, 2010
New Suits Maryland bed bug liability suits (WaPo) Appeals MD: Court of Appeals reinstates a wrongful death suit under FELA, finding the trial judge erred in failing to give an instruction on the inapplicability of assumption of risk. (Miller/The Maryland...

PA: Governor Rendell Vetoes "Stand Your Ground"

Posted on December 02, 2010
Earlier this week, Governor Ed Rendell of Pennsylvania vetoed the "stand your ground" expansion of the common-law "castle doctrine." "The bill as passed encourages the use of deadly force, even when safe retreat is available, and advances a 'shoot first,...

Vaccines & Drugs: A Brave New Tort World

Posted on December 01, 2010
AALS Torts & Compensation Chair Cathy Sharkey has put together a fantastic panel for the 2011 Annual Meeting in San Francisco. The overview: The proliferation of vaccine and pharmaceutical drug-related injuries challenges our conceptions of how the tort system can...

Outsourcing Department of Labor Legal Work

Posted on November 30, 2010
An opinion piece in the Wall Street Journal on Saturday, cleverly titled "1-800-Trial-Bar," described an announcement by Vice President Joe Biden of a government-funded toll-free number for employees to call with unresolved Fair Labor Standards Act or Family Medical Leave...

Guest Blogger Mary Davis: Preemption and Modern Tort Litigation

Posted on November 29, 2010
I have spent the better part of the last decade thinking and writing about federal preemption of state common law damages actions, particularly in the products liability context. I think that federal preemption provisions should be narrowly construed to preserve...

Bed Bug Liability

Posted on November 28, 2010
Josh Freedom duLac of The Washington Post published an article yesterday about liability for bed bugs. Judge Posner's Mathias case was ahead of its time. The recent surge in bed bugs has created an uptick in litigation against motel owners...

Monday's Guest Blogger: Mary Davis

Posted on November 26, 2010
Mary J. Davis is the Associate Dean for Administration and Faculty Development and the Stites and Harbison Professor of Law at the University of Kentucky College of Law. She joined the faculty in 1991 after six years of a litigation...

Happy Thanksgiving 2010!

Posted on November 25, 2010
Enjoy the day. --CJR

Charlie Sheen to be Sued in Tort?

Posted on November 24, 2010
The woman Charlie Sheen escorted to an event (for a fee of $3,500) on October 25 claims she will file criminal charges and a civil complaint against the actor. The story in the Detroit Free-Press mentions both assault and false...

The Oxford Introductions to U.S. Law: Torts

Posted on November 23, 2010
John C.P. Goldberg (Harvard) and Ben Zipursky (Fordham) are co-authors of The Oxford Introductions to U.S. Law: Torts: Torts--personal injury law--is a fundamental yet controversial part of our legal system. The Oxford Introductions to U.S. Law: Torts provides a clear...

Bankrolling Lawsuits

Posted on November 22, 2010
Last week, the New York Times ran an interesting article on how companies are investing in lawsuits for their potential return. From Investors Put Money on Lawsuits to Get Payouts: Large banks, hedge funds and private investors hungry for new...

A Brief Overview of Alienation of Affections

Posted on November 19, 2010
...is available here. --CJR

How Will Scientific Advances Affect Toxic Tort Litigation?

Posted on November 18, 2010
LegalNewsline focuses on how toxicogenomics--the study of the relationship among the cell's genome, chemicals in the environment, and disease--will play out in toxic tort litigation, especially on proof of causation. Among other issues, the article discusses whether toxicogenomics will favor...

Escargot Explodes, Diners Sue

Posted on November 17, 2010
A Marin County, CA seafood restaurant has been sued in small claims court over an allegedly exploding escargot that sprayed diners' faces and polo shirts with hot garlic butter. The diners claim suit could have been avoided with an apology....

Assumption of the Risk & Golf - Possible Exam Hypo

Posted on November 16, 2010
Here's a possible exam hypo: Golfer hits a poor shot from the rough and the ball hits his partner, who is standing off to the side out of the intended line of flight, in the head. Can the injured golfer...

ABA Essay Contest on Legal Malpractice

Posted on November 15, 2010
From Legal Ethics Forum comes word of an ABA essay contest open to students and ABA Young Lawyer Division members. The question posed is "whether a party who has engaged in fraud (or that party?s successor) has standing to sue...

Personal Injury Roundup No. 86 (11/12/10)

Posted on November 12, 2010
New Suits MDL Panel considers consolidation of federal DuPuy hip replacement litigation; oral argument on motion scheduled for next Thursday, November 18th. (About Lawsuits) Food poisoning suit filed against Maryland orchard for e. coli outbreak in apple cider...

Happy Veterans Day 2010

Posted on November 11, 2010
Thanks to all who have served. A compilation of Veterans Day quotations is here. --CJR

Dillbary on Contribution in Tort

Posted on November 10, 2010
Shahar Dillbary (Alabama) has posted to SSRN Apportioning Liability Behind a Veil of Ignorance. The abstract provides: This article challenges the reason that led most states to abandon the ?no contribution? rule. Under the rule if a victim obtains a...

Guest Blogger Mike Wells: "Constitutional Torts and Tort Theory"

Posted on November 08, 2010
By dividing the legal world into public and private, the law school curriculum tends to neglect topics that straddle the two areas. Consider, in particular, ?constitutional tort.? In a better world, the quotation marks would not be necessary, as everyone...

Personal Injury Roundup No. 85 - November 5, 2010

Posted on November 05, 2010
Apologies for the break in the Roundup. From New England, where I'm dealing with an ear infection (and now understanding why my kids wailed like someone was jabbing them with a sharp stick when they had ear infections): New Suits...

Monday's Guest Blogger: Mike Wells

Posted on November 04, 2010
Michael L. Wells is the Marion and W. Colquitt Carter Chair in Tort and Insurance Law at the University of Georgia School of Law. His recent scholarship includes a new edition of Constitutional Torts (with professors Tom Eaton and Sheldon...

Previous | Next

Related Law Bulletins

New Baptist Covenant Blog
Last week, I pointed to the New Baptist Convenant website, now onl...

The Mexico Trucker Blog
I've written before about the perceived problems with relaxed rest...