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Personal Injury Law

TortsProf Blog

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

Justice Scalia Grants Stay of LA Tobacco Ruling

Posted on September 27, 2010
In his role as Circuit Justice for the Fifth Circuit, Justice Scalia granted a stay of execution on a $241.5 million judgment to fund a smoking cessation program for the benefit of class members in Scott v. Philip Morris, a...

Personal Injury Roundup No. 81 (9/24/10)

Posted on September 24, 2010
New Suits Negligence suit filed against 2 CA health care facilities in birth of brain-damaged child (PR Web) Woman sues airline over emergency landing (Overlawyered) Appeals Idaho SC affirms dismissal of wrongful death action against school over a student's murder...

Butt-Shaking Employee Wins Workers' Comp Appeal

Posted on September 23, 2010
The Iowa Supreme Court has ruled that an employee who said "hello" to a colleague by shaking his butt may be entitled to workers' compensation for the injuries he received when his colleague returned the unusual greeting by tapping him...

Journal of European Tort Law: Volume 1, Issue 2

Posted on September 22, 2010
The European Centre of Tort and Insurance Law and Institute for European Tort Law are pleased to announce the publication of Volume 1, Issue 2 of the Journal of European Tort Law. This is a special issue on Wrongful Birth...

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Boston Considers Banning Soft Drinks Sales in City Buildings

Posted on September 21, 2010
More from the Boston Globe. - SBS

Guest Blogger Donald Gifford on "No 'Ordinary Tort' ? Climate Change Tort Actions and the Supreme Court"

Posted on September 20, 2010
Today's guest blogger is Professor Donald G. Gifford, the Edward M. Robinson Research Professor of Law at the University of Maryland School of Law. No ?Ordinary Tort??Climate Change Tort Actions and the Supreme Court The U.S. Supreme Court rarely grants...

Personal Injury Roundup No. 80 (9/17/10)

Posted on September 17, 2010
New Suits Mel Gibson's ex-girlfriend Oksana announced her intent to file suit against Mel for battery, emotional distress and defamation. (TMZ). Florida state court judge sues for medical malpractive for sponge left in his abdomen after surgery. (Miami Herald) Michael...

Call for Papers: Civil Litigation as a Tool for Regulating Climate Change

Posted on September 16, 2010
The purpose of this conference is to explore the interlinked policy, science, legal, and political questions of utilizing the American litigation system, and, particularly, its tort theories of liability, to regulate climate change. Attempts to employ the courts as a...

Health Affairs Sept. 2010 Issue - "Medical Malpractice & Errors"

Posted on September 15, 2010
The September issue of Health Affairs focuses on the topic of "Medical Malpractice & Errors." The issue includes an article co-authored by Michelle Mello (Harvard), et al., on "National Costs of The Medical Liability System," and a another article co-authored...

Prof. Richard Cole

Posted on September 15, 2010
I am sad to report that TortsProf Richard Cole, of my institution (Western New England) passed away over the weekend. Dick began teaching at the School of Law in 1976, and, over the years, taught Torts, Toxic Torts, and various...

Call for Papers: Civil Litigation as a Tool for Regulating Climate Change

Posted on September 15, 2010
Call for Papers Civil Litigation as a Tool for Regulating Climate Change Conference on February 18, 2011 The purpose of this conference is to explore the interlinked policy, science, legal and political questions of utilizing the American litigation system, and...

Herstein on "Why the Duty of Care is Not a Duty 'To Try'"

Posted on September 14, 2010
Ori Herstein (Cornell) has posted "Responsibility in Negligence: Why the Duty of Care is Not a Duty 'To Try'" on SSRN. The abstract provides: Even though it offers a compelling account of the responsibility-component in the negligence standard - arguably...

Guest Blogger Andy Popper: "Leaping Forward--or Not--With the 2010 Foreign Manufacturer Legal Accountability Act"

Posted on September 13, 2010
IMHO Earlier this summer I testified in favor of H.R. 4678, The Foreign Manufacturers Legal Accountability Act. While at first the bill looked like it would sail through, recent highly vocal and stunningly well-funded opposition from foreign automobile manufacturers and...

Personal Injury Roundup No. 79 (9/10/2010)

Posted on September 10, 2010
We're back! Did you miss our rounduppy goodness? We've all started back at our respective institutions, and we're ready to rumble, er, provide a list of links to things happening in tort law. New Suits Family to sue Extreme World...

Simons on "Statistical Knowledge Deconstructed"

Posted on September 09, 2010
Kenneth Simons (Boston University) has posted to SSRN Statistical Knowledge Deconstructed. The abstract provides: In a wide range of contexts, especially in criminal law and tort law, the law distinguishes between individualized knowledge (awareness that one?s act will harm a...

Priel on "A Public Role for the Intentional Torts"

Posted on September 08, 2010
Danny Priel (Warwick/Osgoode Hall) has posted to SSRN A Public Role for the Intentional Torts. The abstract provides: The recent litigation that ended in the House of Lords? decision in Ashley v. Chief Constable of Sussex Police has brought the...

Happy Labor Day!

Posted on September 06, 2010
From the U.S. Department of Labor, some facts you may not now about Labor Day - The first Labor Day holiday was celebrated on Tuesday, September 5, 1882, in New York City, in accordance with the plans of the Central...

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

Posted on September 03, 2010
Geoffrey Rapp (Toledo) has posted to SSRN Defense Against Outrage and the Perils of Parasitic Torts. The abstract provides: In Snyder v. Phelps, the Supreme Court will soon weigh whether protestors at a slain soldier?s funeral committed the tort of...

Hylton on Necessity

Posted on September 02, 2010
Keith Hylton (Boston University) has posted to SSRN The Economics of Necessity. The abstract provides: The necessity doctrine aligns the private and the social incentive for a property possessor to take a defensive action that prevents an invasion of his...

Medical Malpractice and Compensation in Global Perspective

Posted on September 01, 2010
A major international conference, Medical Malpractice and Compensation in Global Perspective, will take place in Vienna, Austria, on 3-4 December this year. The conference will feature presentations by experts on the situation in 14 different countries or regions from every...

$11 Million Defamation Judgment Against Gossip Blog

Posted on August 30, 2010
Last week, a federal judge ordered a gossip blog to pay a Cincinnati Bengals cheerleader $11 million for libel and defamation: U.S. District Court Judge William O. Bertelsman on Wednesday ordered Los Angeles-based Dirty World Entertainment Recordings ? which the...

Guest Blogger Tom Baker: "Liability and Insurance: New Developments"

Posted on August 30, 2010
I?d like to use the opportunity to alert torts profs to the new American Law Institute Principles of Liability Insurance project and my forthcoming book with Sean Griffith, Ensuring Corporate Misconduct: How Liability Insurance Undermines Shareholder Litigation (U...

IL Asbestos Duty Case

Posted on August 28, 2010
In Simpkins v. CSX Corp., 929 N.E.2d 1257 (Ill. App. June 10, 2010), the court overturned the dismissal of a case brought by the estate of the wife of a worker who allegedly brought home asbestos on his clothes and...

TV Preacher Can Sue ABC For Defamation

Posted on August 27, 2010
In an opinion filed Tuesday, the U.S. Court of Appeals for the Ninth Circuit reversed the trial court's dismissal of a suit by televangelist Rev. Frederick Price against ABC for defamation based on a video of a sermon that aired...

Class Actions and Coupons

Posted on August 26, 2010
Miller-McCune, a relatively new policy institute in southern California focused on pragmatic solutions to public policy issues, published a piece earlier this month focusing on the compensation of claimants, and particularly their attorneys, in class actions...

More on the BP Claims Process

Posted on August 25, 2010
This Pacifica Radio update on the BP claims process includes analysis by TortsProf's Sheila Scheuerman. --CJR

Southeastern Law Scholars Conference

Posted on August 24, 2010
The Charleston School of Law is pleased to host a Southeastern Law Scholars Conference to be held on the campus of the Charleston School of Law on October 22-23, 2010. This regional conference will bring together junior law school faculty...

BP Spill Fund vs. 9/11 Fund

Posted on August 23, 2010
An article in Saturday's NY Timescompares the work ahead of Ken Feinberg with the BP Oil Fund, with his prior work on the 9/11 Fund. - SBS

Bublick on Drunk Driving and Crashworthiness

Posted on August 20, 2010
Ellen Bublick (Arizona) has posted to SSRN The Tort-Proof Plaintiff: The Drunk in the Automobile, Crashworthiness Claims, and the Restatement (Third) of Torts. The abstract provides: This article, for the Brooklyn Law School Symposium on the 10th Anniversary of the...

Study: When Doctors Admit Mistakes, Fewer Suits Result

Posted on August 19, 2010
This study out of Michigan is the latest supporting the apology and early offer of compensation approach. Bloomberg Businessweek has the story. I've written in support of a version of this plan. (Northwestern Law Review) --CJR

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