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

SC Adopts Risk-Utility As Sole Test in Design Defect Cases, Also on Post-Distribution Evidence and Punitive Damages

Posted on August 18, 2010
In an opinion filed on Monday, the South Carolina Supreme Court adopted the risk-utility test for design defect cases, rejecting use of a consumer expectations test. Under the risk-utility test, the court held that the plaintiff was required to present...

Why Civil Recourse Theory Is Incomplete

Posted on August 17, 2010
I have posted to SSRN Why Civil Recourse Theory Is Incomplete. The abstract provides: The latest prominent theory of torts is the rich ?civil recourse? theory of Professors John C. P. Goldberg and Benjamin C. Zipursky. Pursuant to civil recourse,...

Back To School

Posted on August 16, 2010
It's "back to school" week here at Charleston. As we all gear up for another school year, I thought I'd pose a question: Are you trying anything different this year? A couple of my colleagues are experimenting with lap-top free...

Stapleton on Causation and Asbestos Cancers

Posted on August 13, 2010
Jane Stapleton (Texas/ANU) has posted to SSRN Factual Causation and Asbestos Cancers. The abstract provides: This Note addresses recent English and Australian cases in which asbestos-exposed victims suffering from cancers which can be caused by asbestos (e...

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Thailand: Doctors' Opposition Stalls Malpractice Reform

Posted on August 12, 2010
Two weeks ago, I posted that Thailand was considering new med mal rules. Now it appears that the bill has been stalled by opposition from health care providers. Bloomsberg Businessweek has the story. --CJR

Second Circuit Affirms Zyprexa Document Sanctions

Posted on August 12, 2010
Here's the opinion. The Drug & Device Law Blog has some analysis. I posted about the case extensively and wrote an article addressing issues of document leaks for The Review of Litigation as well. As readers may recall, David Egilman...

WI: Medical Fund Not a "Piggy Bank"

Posted on August 11, 2010
In 1975 a fund was created in Wisconsin to help stabilize increases in med mal insurance premiums. The Wisconsin Supreme Court has ruled that using that fund as general revenue is an unconstitutional taking of property. Health Care News has...

Indiana-Indianapolis Advertises a Torts Position

Posted on August 10, 2010
Andy Klein passes on that Indiana-Indianapolis is hiring. The AALS ad follows: INDIANA UNIVERSITY SCHOOL OF LAW-INDIANAPOLIS invites applications from entry-level and experienced candidates for tenure-track and tenured appointments beginning in the 2011-2012 academic year...

Reminder: Disability and Tort Law Proposals Due By August 31

Posted on August 09, 2010
Call for Papers AALS Section on Disability Law Disability and Tort Law The Section on Disability Law will hold a program during the January, 2011 AALS Annual Meeting in San Francisco, California, on Disability and Tort Law. Disability Law embraces...

Mandatory ADR In Connecticut Med-Mal Cases

Posted on August 06, 2010
Alberto Bernabe (John Marshall - Chicago) has more. - SBS

Michigan Supreme Court Ruling on Causation, Lost Opportunity, and Medical Malpractice

Posted on August 05, 2010
Over the weekend, the Michigan Supreme Court released its ruling in O'Neal v. St. John Hosp. & Med. Center. In an opinion by Justice Hathaway, the Court held that Michigan's statutory loss of opportunity provision (Section 2912a(2)) does not apply...

ALI-ABA on "The Third Restatement of Torts: Everything You Wanted To Know, But Didn't Know Whom To Ask"

Posted on August 04, 2010
ALI-ABA presents a one-hour telephone seminar on The Third Restatement of Torts. The course description provides: Confused about the Third Restatement of Torts? You are not alone. The Third Restatement is different from its predecessors. Instead of consecutive provisions in...

SC Finds Preemption Based on Regulation 205 (Car Glazing Standards)

Posted on August 03, 2010
In an opinion released yesterday, the South Carolina Supreme Court held that the "Federal Motor Vehicle Safety Standard 205 (49 C.F.R. � 571.205 (1971)) preempts a state law products liability claim premised solely on a manufacturer's choice of tempered glass...

Brickman on "Anatomy of an Aggregate Settlement: The Triumph of Temptation Over Ethics"

Posted on August 02, 2010
Lester Brickman (Cardozo) has posted "Anatomy of an Aggregate Settlement: The Triumph of Temptation Over Ethics" on SSRN. The abstract provides: In an aggregate settlement, usually of a mass tort claim, a defendant agrees to pay a specific dollar amount...

Oil Spill Liability in China

Posted on July 30, 2010
Can fishermen in China sue for an oil spill in the northeastern city of Dalian? Christopher Beam of Slate explains. --CJR

Thailand: New Med Mal Rules

Posted on July 29, 2010
Last year, China passed a new tort liability statute. Now, Thailand is on the verge of a new system to handle medical malpractice. The law would create a compensation fund that hospitals would have to pay into that would compensate...

Stevens on Rights

Posted on July 28, 2010
Robert Stevens (University College of London) has posted to SSRN Rights and Other Things. The abstract provides: This paper seeks to differentiate rights from other things with which they are frequently confused. The focus is upon rights within private law,...

Massachusetts SJC Eliminates No-Duty Rule Regarding Snow & Ice

Posted on July 27, 2010
As we approach a new year and a new semester of Torts, the (nerdy) mind turns to duty/no-duty cases. Happily, the Massachusetts Supreme Judicial Court has provided, with a new case eliminating the no-duty rule in connection with "natural" ice...

New York Judge Dismisses Facebook Defamation Suit

Posted on July 26, 2010
According to the New York Law Journal (via law.com), a New York judge has dismissed a suit brought by a teenager against her former classmates for comments made on a Facebook page. Although the judge found the comments "puerile" and...

Naked Cowboy Sues Naked Cowgirl

Posted on July 23, 2010
If you have not been to New York City recently, you may not be familiar with the Naked Cowboy, a street performer in Times Square who wears only cowboy boots, a cowboy hat, a guitar, and tidy whities. Naked Cowboy...

Stucke on Monopolist's Deception

Posted on July 22, 2010
Maurice Stucke (Tennessee) has posted to SSRN When a Monopolist Deceives. The abstract provides: This essay uses one context - a monopolist?s deceptive advertising or product disparagement - to illustrate how competition authorities and courts should evaluate a monopolist?s deception...

Coverage of the Erin Andrews Suit

Posted on July 21, 2010
I'm quoted in Ohio State's newspaper, The Lantern, on the Erin Andrews suit. Ohio State was a named defendant due to its ownership of the Blackwell Inn. The suit is here: Download Erinandrewscivilsuit (pdf) More coverage is here: CNN.com; Krauss/PoL;...

Oman's "Contract Chestnut for Tort Theorists"

Posted on July 20, 2010
Over at Concurring Opinions, Nate Oman offers a "contract chestnut for tort theorists," where he offers a contracts perspective on the corrective justice/civil recourse debate. - SBS

Judges Tosses Expert in "Popcorn Lung" Case

Posted on July 19, 2010
The National Law Journal (via law.com) reports that a federal district court judge has thrown out the plaintiff's causation expert in the "popcorn lung" case. The suit alleged that microwave popcorn caused the plaitniff's bronchiolitis obliterans, also known as "popcorn...

Jeffries on Qualified Immunity

Posted on July 16, 2010
John Jeffries (UVa) has posted to SSRN What's Wrong with Qualified Immunity?. The abstract provides: Originally delivered as the Dunwody Lecture at the University of Florida, this paper argues that ?qualified immunity needs a course correction.? The Supreme Court?s attempt...

Octomom's Physician Accused of Malpractice

Posted on July 15, 2010
The California Medical Board has filed a lawsuit against the Octomom's physician, alleging "gross negligence" in his implantation of a dangerous number of embryos into the 48-year-old woman. Vitals has the story. --CJR

Rustad on Tort Reform

Posted on July 14, 2010
Mike Rustad (Suffolk) has posted to SSRN his provocative essay The Endless Campaign: How the Tort Reformers Successfully and Incessantly Market Their Groupthink to the Rest of Us. The abstract provides: Neo-conservatives often employ the theme of personal responsibility to...

Consumers Sue J&J For Fraud

Posted on July 13, 2010
Bloomberg Businessweek reports that consumers have filed a class action against Johnson & Johnson based on the recall on children's pain and allergy medicines back in April. The suits allege fraud and racketeering claims. - SBS

"Import Safety: Regulatory Governance in the Global Economy"

Posted on July 12, 2010
From David Rosen at the Penn Program on Regulation comes news of a new book, Import Safety: Regulatory Governance in the Global Economy. From Penn: In recent years, numerous imports have prompted public alarm, including: � imported toys coated with...

John Stossel on "Parasitic Tort Lawyers"

Posted on July 09, 2010
On last night's "Stossel" on the Fox Business Network, John Stossel focused on tort lawyers. You can gather his take on the issue from the title, "Parasitic Tort Lawyers." He addressed the same topic in his syndicated weekly column. If...

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