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Personal Injury Law

TortsProf Blog TortsProf Blog

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

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Loyola-LA Seeking Torts Visitor

Posted on March 26, 2011
Loyola Law School, Los Angeles, is seeking a Torts podium visitor for Spring 2012. Please contact Associate Dean Sean Scott at sean.scott@lls.edu or at 213.736.1054 if you are interested.


Personal Injury Roundup No. 98 (3/25/11)

Posted on March 25, 2011
New Cases Neither incident has yet resulted in litigation, but probably will; two deaths on amusement rides last weekend. I'm covering them at MassTort.org. Suit alleges casino bus driver fell asleep, resulting in crash that killed fifteen. (USA Today, and...


Battery and Other Torts and STDs

Posted on March 24, 2011
Via Day on Torts comes this California appellate court decision (PDF) addressing a question frequently addressed in Torts books regarding consent and so on -- the liability of a partner for transmission of an STD in an otherwise-consensual sexual relationship...


Weber on the Common Law of Disability Discrimination

Posted on March 23, 2011
Mark Weber (DePaul) has posted to SSRN The Common Law of Disability Discrimination. The abstract provides: In many cases alleging race and sex discrimination, plaintiffs append common law claims to cases asserting federal or state statutory causes of action...


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Tuesdays with Tort Masters: Dan Dobbs

Posted on March 22, 2011
Dan Dobbs is a Regents Professor and the Rosenstiel Professor of Law at the University of Arizona James E. Rogers College of Law. He is the author of two leading treatises ? The Law of Torts, and The Law of...


Government Launches Safety Complaint Database

Posted on March 21, 2011
Law Technology News reports that the federal government has launched SaferProducts.gov, as required under the Consumer Product Safety Improvement Act of 2008. The website allows consumers to file reports about hazardous products, and then allows other consumers to search and...


Personal Injury Roundup No. 97 (3/18/11)

Posted on March 18, 2011
New Cases Guatamalans who were deliberately infected with syphilis in the 1940s file class action against U.S. government under Alien Tort Statute. (MSNBC/AP, WSJ Law Blog) Appeals DOJ opposes Virginia's attempt to take a direct appeal to the U.S. Supreme...


Warning on Chopsticks

Posted on March 17, 2011
Sushi Maki, a Miami-based Japanese restaurant chain, is kind enough to provide diners with chopsticks. Not uncommon. However, their chopsticks are far more entertaining than average. On one side of the wrapper, there are drawings of ways one can use....


Baker & Siegelman on the Law and Economics of Liability Insurance

Posted on March 16, 2011
Tom Baker (Penn) and Peter Siegelman (Connecticut) have posted to SSRN The Law and Economics of Liability Insurance: A Theoretical and Empirical Review. The abstract provides: We survey the theoretical and empirical literature on the law and economics of liability...


Cupp on Exporting Tobacco Litigation

Posted on March 16, 2011
Richard Cupp (Pepperdine) has posted to SSRN another piece from Pepperdine's symposium last spring, International Tobacco Litigation's Evolution as a United States Tort Law Export: To Canada and Beyond? The abstract provides: In the late 1990?s, the states? healthcare reimbursement...


Congratulations to TortsProf's Chris Robinette!

Posted on March 15, 2011
Congratulations to Torts Prof's own Chris Robinette for being awarded tenure at Widener University School of Law!! We are delighted for Chris, though not at all surprised by his latest accomplishment! So, please join us in extending congratulations from TortsProf!...


Mississippi Fatal Pursuit Settles for $375k

Posted on March 14, 2011
The family of a man killed while fleeing a Mississippi state trooper has settled its claim against the State for $375,000. The Clarion Ledger has more. - SBS


Rustad on Civil Recourse Theory

Posted on March 12, 2011
Mike Rustad (Suffolk) has posted to SSRN Torts as Public Wrongs from last spring's Pepperdine symposium. The abstract provides: This Article is a rejoinder to the civil recourse theorist's claim that tort law will be better served by retreating to...


Personal Injury Roundup No. 96 (3/11/11)

Posted on March 11, 2011
I know it's lean, but it's the week of spring break... Appeals NY: $2,500 pain-and-suffering verdict for neck pain from electric shock at Pizza Hut affirmed on appeal. (Hochfelder/New York Injury Cases Blog) LA: Appellate court reinstates SJ against injured...


Skiing in the U.S. and Switzerland

Posted on March 10, 2011
Forbes (via Overlawyered) has a post up exploring why there might be fewer tort suits in Switzerland than in the U.S., despite the former having some pretty intense ski and other winter sports facilities. A query, though: Is it clearly...


Future of Mass Torts

Posted on March 10, 2011
An interesting debate at the U Penn Law Review online companion site. --BC


Call for Papers

Posted on March 10, 2011
The Sixth Biennial Conference on the Law of Obligations (?Obligations VI?) will be hosted by Western Law on July 18-20, 2012 (in 16 months? time) in London, Ontario. The theme of the conference is 'Challenging Orthodoxy?. Scholars working in the...


Wriggins on the Unjustified Preference Given to Auto Injuries

Posted on March 09, 2011
Jenny Wriggins (Maine) has posted to SSRN Automobile Injuries as Injuries with Remedies: Driving, Insurance, Torts, and Changing the "Choice Architecture" of Auto Insurance Pricing. The abstract provides: Tort and insurance law treat driving as a centrally important activity and...


Sharkey on Recent Preemption Cases

Posted on March 08, 2011
In an interview at Abnormal Use, Cathy Sharkey (NYU) discusses the Supreme Court's recent preemption decisions Brusewitz v. Wyeth and Williamson v. Mazda Motors of Am., Inc. - SBS


Personal Injury Roundup No. 95 (3/4/11)

Posted on March 04, 2011
New Cases Charlie Sheen plans to sue CBS for "mental anguish" following the cancellation of Two and A Half Men. (NY Post) And also from Hollywood: Katie Holmes has filed a libel suit against American Media. (The Wrap, ABA Journal)...


Off to Cincinnati

Posted on March 03, 2011
I am heading to Cincinnati with the Western New England team for the Rendigs National Products Liability Moot Court competition, so I haven't had a chance to get posts together. But (a) you might enjoy reading the problem and briefs,...


Hylton on Property Rules and Defensive Conduct in Tort Theory

Posted on March 02, 2011
Keith Hylton (Boston University) has posted to SSRN Property Rules and Defensive Conduct in Tort Law Theory. The abstract provides: What role does defensive conduct play in a utilitarian theory of tort law? Why are rational (as opposed to instinctive)...


Breaking: USSC Upholds Right to Protest at Military Funerals

Posted on March 02, 2011
CNN is reporting the United States Supreme Court has ruled Westboro Baptist Church has the right to stage anti-gay protests at military funerals. UPDATE: CNN now has a story up. The decision was 8-1. --CJR


Tuesdays with Tort Masters: Lester Brickman

Posted on March 01, 2011
Lester Brickman is a 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 widely cited...


If You Do Any Appellate Work, This Is Of Interest...

Posted on February 28, 2011
Although not torts-related, a recent article by Anthony J. Franze and R. Stanton Jones of Arnold & Porter should be of interest to anyone who handles federal appeals. In With Friends Like These: The Troubling Implications of the Government's Recent...


Goldberg on American Tort Law as a Model for the World

Posted on February 25, 2011
John Goldberg (Harvard) has posted to SSRN Tort in Three Dimensions. The piece was part of a Pepperdine symposium last spring, and the abstract provides: Should our tort law serve as a model for other nations? The answer depends in...


Bruesewitz Roundup

Posted on February 24, 2011
As posted Tuesday, the Supreme Court ruled that vaccine claims are preempted (other than manufacturing claims). As you'd expect, some commentary has been posted: The Wall Street Journal has a positive editorial, and their law blog a summary. CNN has....


No Preemption in Seat Belt Case

Posted on February 24, 2011
In an interesting counterpoint to the vaccine case, the Supreme Court also ruled this week [PDF] that a case against Mazda alleging defective seatbelts was not preempted by compliance with regulations about restraints. --BC


Bruesewitz v. Wyeth

Posted on February 23, 2011
In a 6-2 decision, the United States Supreme Court upheld preemption: ?We hold that the National Childhood Vaccine Injury Act preempts all design-defect claims against vaccine manufacturers brought by plaintiffs who seek compensation for injury or death caused by vaccine...


Tuesdays with Torts Masters: Jeffrey O'Connell

Posted on February 22, 2011
Jeffrey O'Connell, the Samuel H. McCoy II Professor of Law at Virginia, is co-author of the principal work that proposed no-fault insurance. Most recently O'Connell has designed an "early offers" plan where businesses facing personal injury lawsuits could promptly pay...


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