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Personal Injury Law

TortsProf Blog

Post Frequency: 5.1/day

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

Nominations Sought for "Masters of Tort Law"

Posted on November 03, 2010
In conjunction with the AALS Torts & Compensation Section (Mike Rustad, Chair Elect) we'd like to introduce a new feature at TortsProf, "Tuesdays With..." Many of you may be familiar with Mitch Albom's popular book, Tuesdays With Morrie. In the...

Today Is Election Day!

Posted on November 02, 2010
Today is Election Day. In the last presidential-election, only 62% of eligible voters cast a ballot. Go vote! Confused about your polling place? Google Maps can help. - SBS

Guest Blogger Jay Feinman: "Tort Law and the New Economics of Insurance"

Posted on November 01, 2010
There is widespread acceptance of the idea that tort law and insurance are intimately related. The growth of liability insurance permitted the expansion of tort liability through the twentieth century, and the expansion of tort law in turn spurred the...

Monday's Guest Blogger: Jay Feinman

Posted on October 28, 2010
Jay M. Feinman is Distinguished Professor of Law at Rutgers, The State University of New Jersey, School of Law at Camden. Feinman is a well-known expert on contract law, tort law, insurance law, and legal education. His many publications include...

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Swett on Establishing Reasonable Contingency Fees

Posted on October 27, 2010
Jeffrey Swett (Student/Tennessee) has posted his note to SSRN. Entitled Determining a Reasonable Percentage in Establishing a Contingency Fee: A New Tool to Remedy an Old Problem, the abstract provides: The indiscriminate use of contingency fee contracts providing for a...

"The Torts Scholarship of Richard Epstein"

Posted on October 26, 2010
The current issue of the Journal of Tort Law is now available. The issue is a tribute to the torts scholarship of Richard Epstein. With an introduction by editors Jules Coleman and John Goldberg, the issue features articles by Joshua...

Paul Steven Miller

Posted on October 25, 2010
The New York Times reports that law professor and disability rights advocate Paul Steven Miller passed away at home last Tuesday. The obituary there does a better job than I can at describing his many accomplishments, both within and outside...

Guest Blogger James R. Hackney, Jr. on "Risk Management, Torts and Corporate Finance"

Posted on October 25, 2010
Today's guest blogger is James R. Hackney, Jr., Professor of Law and Faculty Director of Research at Northeastern University School of Law. Risk Management, Torts and Corporate Finance My guess it that I am one of the few American law...

Introducing Guest Blogger James R. Hackney, Jr.

Posted on October 23, 2010
Monday's Guest Blogger is James R. Hackney, Jr., Professor of Law and Faculty Director of Research at Northeastern University School of Law, where he teaches in the areas of torts, corporate finance, corporations, critical race theory, and law and economics...

Texas Jury Finds Nursing Home Negligent

Posted on October 21, 2010
Yesterday in San Antonio, a civil jury found a nursing home negligent in the care of a man who developed severe, infected bed sores. The nearly $600,000 verdict will be reduced by a damage cap to $250,000. The plaintiff's attorney...

Vanderbilt Announces Memorial Arrangements for Professor Nagareda

Posted on October 20, 2010
As we all continue to mourn the loss of Professor Richard Nagareda, who passed away unexpectedly on Friday, October 8, 2010, Vanderbilt has announced a memorial to be held November 12th at Vandy: Vanderbilt Law School is hosting a celebration...

Defedants Win Summary Judgment in Peanut Butter Salmonenlla Cases

Posted on October 19, 2010
A defense win on causation in the peanut butter salmonella cases filed against Con Agra. Mass Tort Defense has the details. - SBS

Rapp on "Defense Against Outrage and the Perils of Parasitic Torts"

Posted on October 18, 2010
Geoffrey Rapp (Toledo) has posted his article, Defense Against Outrage and the Perils of Parasitic Torts, on SSRN. The abstract provides: In Snyder v. Phelps, the Supreme Court will soon weigh whether protestors at a slain soldier?s funeral committed the...

Personal Injury Roundup No. 84 (10/15/10)

Posted on October 15, 2010
New Suits OH: Woman badly burned in gynecological procedure sues hospital, doctor. (Justice News Flash) Appeals Justice Sotomayor appears most sympathetic to state vaccine suit. (ABA Journal); also Alberto Bernabe has the transcript. NY: Brain damage from med mal at...

Hershovitz on Harry Potter and Tort Theory

Posted on October 14, 2010
A few years ago, Ben Barton (Tennessee) authored a much-downloaded piece on Harry Potter and government bureaucracy. Now there is a tort-specific Harry Potter article. Scott Hershovitz (Michigan) has posted to SSRN Harry Potter and the Trouble with Tort Theory...

More on Snyder v. Phelps

Posted on October 13, 2010
Alan Garfield (Widener) has written an op-ed entitled "Hate Funeral Protests? Then Ignore Them." Here's a sample: If Albert Snyder is going to win on appeal, he will have to convince the Supreme Court that Phelps' speech is somehow different...

Plaintiffs' Steering Committee Appointed in BP Oil Spill Litigation; Professor McGovern Appointed Special Master

Posted on October 12, 2010
Judge Barbier has appointed fifteen lawyers to the plaintiffs' steering committee ("PSC") in In re Oil Spill: Brian H. Barr, Jeffrey A. Breit, Elizabeth J. Cabraser, Philip F. Cossich, Jr., Robert T. Cunningham, Alphonso Michael Espy, Calvin C. Fayard, Jr...

Guest Blogger Lester Brickman on "Yes, Virginia, There Is A Litigation Explosion."

Posted on October 11, 2010
Today's guest blogger is Lester Brickman, Professor of Law and former Acting Dean at at the Benjamin N. Cardozo School of Law. YES, VIRGINIA, THERE IS A LITIGATION EXPLOSION The dispute over the growth of tort liability and whether this...

In Memoriam: Richard Nagareda (1963-2010)

Posted on October 10, 2010
I am very sorry to report the untimely death of one of the great minds in mass tort litigation, Richard Nagareda. According to the Vanderbilt notice, Professor Nagareda died suddenly at his home on Friday October 8, 2010. Vanderbilt released...

Personal Injury Roundup No. 83 (10/8/10)

Posted on October 08, 2010
New Suits Over a 100 negligence suits filed against St. Joseph Medical Center (Baltimore) on Tuesday alleging unnecessary heart-related procedures. (WJZ 13) Appeals Second Circuit issues summary affirmances in eight Zyprexa dismissals. (Drug & Device) Eleventh Circuit "ruled that Medicare...

Introducing Guest Blogger Lester Brickman

Posted on October 07, 2010
Monday?s Guest Blogger is Lester Brickman, Professor of Law and former Acting Dean at the Benjamin N. Cardozo School of Law, where he teaches contracts and legal ethics. He has written extensively on legal ethics and his writings have been...

Top Plaintiffs' Lawyers

Posted on October 06, 2010
Mark Behrens and Cary Silverman (Shook, Hardy & Bacon) recently surveyed numerous defense counsel, in-house counsel, and individuals involved with civil justice reform efforts across the country to identify the plaintiffs' lawyers viewed by the defense bar as the top...

Zipursky on "Snyder v. Phelps, Outrageousness, and the Open Texture of Tort Law"

Posted on October 05, 2010
Ben Zipursky (Fordham) has a forthcoming article on Snyder v. Phelps, which will be before the Supreme Court for oral argument tomorrow. The abstract provides:????? In Snyder v. Phelps, the United States Supreme Court will decide to what extent state...

Toyota Files Motions to Dismiss

Posted on October 05, 2010
Toyota has moved to dismiss the personal injury, wrongful death, and economic damages claims filed against it based on the alleged "sudden acceleration" problem. A hearing has been set for November 19th. The National Law Journal (via law.com) has more...

Guest Blogger Catherine Sharkey on "The Politics of Preemption: NHTSA, State Tort Law & Automobile Safety"

Posted on October 04, 2010
Today's guest blogger is Catherine M. Sharkey, Professor of Law at New York University School of Law. The Politics of Preemption: NHTSA, State Tort Law & Automobile Safety Today, the first Monday in October, marks the beginning of the U.S....

Top 10 Recent SSRN Torts & Products Liability Downloads

Posted on October 03, 2010
Rank Downloads Paper Title 1 343 Torts Compendium, Volume One (Version 1.0) Eric E. Johnson, University of North Dakota School of Law, Date posted to database: August 25, 2010 Last Revised: August 30, 2010 2 169 Cracking the Code to...

Personal Injury Law Roundup No. 82 - Oct. 1, 2010

Posted on October 01, 2010
Autumn has hit in New England. Snow and the slip-and-fall cases are no doubt close behind. This week's roundup: New Cases In not-at-all-surprising news, plaintiffs to seek punitive damages in salmonella cases ("Food Safety News" (note: that's a press release,...

Teaching Torts with Sports

Posted on September 30, 2010
Adam Epstein (Central Michigan College of Business) has posted to SSRN Teaching Torts with Sports. The abstract provides: The purpose of this paper is to offer a pedagogical road map for an alternative way to engage students when arriving at...

Free, Downloadable Torts Text

Posted on September 29, 2010
Eric Johnson (North Dakota) has posted to SSRN a full Torts text. Johnson blogged about the project at Prawfs. --CJR

NY Rejects Defamation and Negligent Entrustment Claims in Cyberbullying Case

Posted on September 28, 2010
Stephen Kramarksy has an article in the New York Law Journal analyzing the July decision by a New York state court judge holding cyberbullying was not an actionable tort under New York law. - SBS

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