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Personal Injury Law

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

Actuary: Health Care Reform Could Have Positive Med Mal Impact

Posted on July 08, 2010
At a recent Casualty Actuarial Society meeting, John Mize, consulting actuary at Towers Watson, told the assembled actuaries that the Affordable Care Act could have a positive effect on medical malpractice. He noted that some provisions of the law emphasize...

Keating on the Nature of Tort

Posted on July 07, 2010
Gregory Keating (USC) has posted to SSRN Is Tort a Remedial Institution?. The abstract provides: In the past 30 years, philosophers of tort have performed invaluable work in restoring the concept of a ?wrong? to prominence in tort scholarship, and...

No False Imprisonment Claim For Being Stuck on Airplane

Posted on July 06, 2010
The United States Court of Appeals for the Eighth Circuit has affirmed the dismissal of an American Airlines passenger's false imprisonment suit after being stuck on an airplane for 9 1/2 hours. How Appealing has a short news blurb from...

First Judgment Under China's New Tort Liability Law

Posted on July 05, 2010
Stan Abrams at China Hearsay reports that Baidu is the first defendant to have a judgment entered against it under China's new Tort Liability Law. Abrams reports that Baidu was found liable for harming the plaintiff's reputation by allowing negative....

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WA: 90-Day Med Mal Notice Requirement is Unconstitutional

Posted on July 02, 2010
The Supreme Court of Washington ruled yesterday that a 90-day notice requirement in medical malpractice cases violates the separation of powers. The court struck down the certificate of merit requirement last September. Seattlepi.com has the story. --CJR

The "Most-Sued Mascot in Sports" is Sued Again

Posted on July 01, 2010
The Phillie Phanatic, named by Bob Jarvis (Nova Southeastern) as the "most-sued mascot in sports," is adding to his tally. His latest round of litigation was brought by a woman claiming the Phanatic injured her knees when he climbed through...

Supreme Court of VA Grants Writ in Sovereign Immunity Case

Posted on June 30, 2010
The Supreme Court of Virginia will revisit its sovereign immunity doctrine in the drowning case of a 16-year-old boy in a Lexington, VA park. Circuit Judge Michael Irvine found the City of Lexington was protected by sovereign immunity. VLW Blog...

Retroactive Grade Inflation

Posted on June 29, 2010
Seriously. From the New York Times: One day next month every student at Loyola Law School Los Angeles will awake to a higher grade point average. But it?s not because they are all working harder. The school is retroactively inflating...

Reminder- Prosser Award Nominations Deadline Coming Up

Posted on June 28, 2010
From Mike Rustad: Dear Section Members: The Torts and Compensation Systems section of the American Association of Law Schools (AALS) is soliciting nominations for the William L. Prosser Award for 2011. The Prosser award "recognize[s] outstanding contributions of law teachers...

Bernstein on Torts Pedagogy

Posted on June 25, 2010
Anita Bernstein (Brooklyn) has posted to SSRN Teaching Torts: Rivalry as Pedagogy. The abstract provides: This contribution to a Tort Law Academic Workshop considers the ?twin themes? pervading torts pedagogy in the twenty-first century: (1) teaching torts for global practice...

"Judge-Directed Negotiations" and Medical Malpractice

Posted on June 24, 2010
The New York court system received one of twenty recent federal grants to study alternative ways to resolve medical liability claims. The court system will attempt to systematize the methods of NY Judge Douglas McKeon. McKeon describes his method as....

Calnan Named to Professorship

Posted on June 23, 2010
Congratulations to Alan Calnan, who has been named the 2010-2011 Irwin R. Buchalter Professor of Law at Southwestern Law School. The announcement is here. --CJR

Supreme Court Denies Cert in Wyeth Hormone Case

Posted on June 22, 2010
The United States Court of Appeals for the Eighth Circuit had ordered a retrial on punitive damages in a hormone replacement case against Wyeth. Wyeth sought a full re-trial, but the Supreme Court denied cert. AP/Law.com has the full report....

Klass on Punitive Damages After Exxon Shipping v. Baker

Posted on June 21, 2010
Alexandra Klass (Minnesota) has posted "Punitive Damages after Exxon Shipping Company v. Baker: The Quest for Predictability and the Role of Juries" on SSRN. The abstract provides: This Symposium Essay considers the impact of the Supreme Court?s 2008 decision in...

Top 10 Recent SSRN Torts & Products Liability Downloads

Posted on June 18, 2010
Rank Downloads Paper Title 1 167 Over-Parenting Gaia Bernstein, Zvi H. Triger, Seton Hall University - School of Law, The College of Management School of Law, Date posted to database: April 13, 2010 Last Revised: June 9, 2010 2 158...

Epstein on BP

Posted on June 17, 2010
Yesterday's WSJ included an article by Richard Epstein arguing that the best legal regime for dealing with risks created by oil drilling is "full responsibility" on the party creating the risks. He favors a strict liability system, backed by mandatory...

Two by the Late Gary Schwartz

Posted on June 16, 2010
Two papers written by the late Gary T. Schwartz have been posted to SSRN. The first is Feminist Approaches to Tort Law. The abstract provides: This Article finds that the most conspicuous development in tort scholarship during the last fifteen...

2010 Wacky Warning Labels Finalists

Posted on June 15, 2010
From Walter Olson comes word that Bob Dorigo Jones has announced the five finalists in the 2010 Wacky Warning Labels Contest. From Jones, the finalists include: Never operate your speakerphone while driving," warns a label on a product called "Drive....

Your Input Needed On Law Review Survey

Posted on June 14, 2010
Lucy McGough (LSU), James Bowers (LSU), and Richard Wise (UND - Psychology) are trying to assess the current system of student-run law reviews: For the last several decades, there has been much controversy and discussion about how well the current...

Tort Law or Worker's Comp for Workplace Shooting?

Posted on June 11, 2010
A Florida wrongful death suit is testing the reach of the state's worker's compensation statute. The suit against Publix alleges that the store had no policy or procedure for dealing with workplace violence, and that the resulting shooting by an...

Guest Blogger Catharine Wells on "The Measure of Injury"

Posted on June 10, 2010
I would like to begin by thanking Martha and Jennifer for their fine book and for asking me to comment on it. If you are planning to read one book on torts in the next five years this should be...

Chamallas & Wriggins: "The Measure of Injury"

Posted on June 09, 2010
The Measure of Injury: Race, Gender, and Tort Law by Martha Chamallas (Ohio State) and Jennifer Wriggins (Maine) was published a little over a week ago by NYU Press. The advance reviews: "This book is brimming with insights about how...

Sending Email With Links To Defamatory Blog Post Supports Libel Claim Under Texas Law

Posted on June 08, 2010
The ABA Journal reports that a federal bankruptcy judge has held that, under Texas law, "sending an e-mail message with a hyperlink to a defamatory blog post can be considered a publication for the purposes of a libel claim." The...

Georgia Forbids Implied Private Causes of Action

Posted on June 07, 2010
Last week, Georgia Governor Sonny Perdue signed into law the Transparency in Lawsuits Protection Act (S.B. 138). The bill creates a new code section that provides "[n]o private right of action shall arise from any Act enacted after the effective...

PRI Releases 2010 Tort Liability Index Rankings

Posted on June 04, 2010
The Pacific Research Institute has released its 2010 U.S. Tort Liability Index, which ranks the states' "tort climate." According to the press release, the "best" tort climates are (in order) Alaska, Hawaii, North Carolina, South Dakota, North Dakota, Maine, Idaho,...

Twerski & Henderson on Reaching Equilibrium in Tobacco Litigation

Posted on June 03, 2010
Aaron Twerski (Brooklyn) & James Henderson (Cornell) have posted to SSRN Reaching Equilibrium in Tobacco Litigation. The abstract provides: Recent pro-plaintiff developments in tobacco litigation may lead to the conclusion that such litigation will go on endlessly and threaten the...

KS Files Amicus Brief Against Westboro Baptist, Phelps

Posted on June 02, 2010
The Kansas Attorney General's office filed an amicus brief with SCOTUS against Fred Phelps and his Topeka-based Westboro Baptist Church. The brief argues it is constitutional for a state to protect privacy through "funeral picketing and protest" and state tort...

Sleeping Passenger Sues Airline for Not Waking Her

Posted on June 01, 2010
A Michigan woman has sued United Airlines for negligence and false imprisonment. She alleges that, after arrival in Philadelphia at 12:30 am, the crew left her on the empty plane sleeping for three hours. The AP has more. According to...

"Not On My Watch"

Posted on May 31, 2010
Kimberly-Clark Healthcare has launched a website addressing the problem of hospital acquired infections (HAI). The website, Not On My Watch, is a useful resource for news, research and reports on HAI. - SBS

Personal Injury Roundup No. 78 (5/28/2010)

Posted on May 28, 2010
Note: The Roundup will take the summer off due to our varied and crazy travel schedules. But, based on the recent survey, we know it's an important feature, and it will return just as soon as is feasible. In the...

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