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Personal Injury Law

TortsProf Blog

Post Frequency: 5.1/day

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

Guest Blogger Andrew Klein: "Science, Causation, and Toxic Torts"

Posted on April 26, 2010
Tort lawyers and scholars have long grappled with the issue of how to prove causation in toxic tort cases. Establishing causation is difficult because latency periods often precede exposure-related harm, making it hard for plaintiffs to connect illness to a...

New from Andrew McClurg

Posted on April 26, 2010
Friend-of-the-TortsProf-Blog Andrew McClurg (Memphis) will soon be publishing Fight Club: Doctors vs. Lawyers - A Peace Plan for America's Most Prestigious, Antagonistic Professions in the Temple Law Review. Here's the abstract: Doctors and lawyers have been at odds since the...

IOM to Advise FDA on Post-Marketing Drug Safety Trials

Posted on April 25, 2010
The Institute of Medicine has been called upon to advise the FDA regarding post-marketing drug safety trials. George Conk at Otherwise has the details. --CJR

Personal Injury Roundup No. 74

Posted on April 23, 2010
Reform, Legislation, Policy Louisiana Senate committee rejects bill to ban energy drinks to kids. (Bloomberg Business Week) Pennsylvania releases med-mal data. (TortsProf) Florida passes two tort-reform measures - risky activity waivers for children and increase on damages caps in suits...

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Monday's Guest Blogger: Andrew Klein

Posted on April 22, 2010
Andrew R. Klein is the Paul E. Beam Professor of Law at the Indiana University School of Law-Indianapolis. He previously taught at Samford University?s Cumberland School of Law and practiced with the Chicago firm of Sidley & Austin. Professor Klein...

Sharkey on Exxon Valdez

Posted on April 21, 2010
Cathy Sharkey (NYU) has posted to SSRN The Exxon Valdez Litigation Marathon: A Window on Punitive Damages. The abstract provides: The Exxon Valdez litigation marathon - a protracted, two-decade-long battle over the propriety and constitutionality of the jury?s $5 billion...

PA: 2009 Med Mal Data

Posted on April 21, 2010
Pennsylvania prepares more detailed med mal filings and verdicts data than most states. Yesterday, the 2009 figures were released. In 2009, there were 1,533 med mal filings, a 43.9% decline from the "base" years of 2000-2002. In 2003, Pennsylvania enacted...

Borchers on "Punitive Damages, Forum Shopping and the Conflicts of Laws"

Posted on April 20, 2010
Patrick Borchers (Creighton) has posted "Punitive Damages, Forum Shopping, and the Conflicts of Laws" on SSRN. The abstract provides: Few issues have as profound an impact on civil litigation as the availability and dimensions of punitive damages. States, however, vary...

The 40th Anniversary of Earth Day

Posted on April 20, 2010
Just a reminder that the 40th anniversary of Earth Day approaches on Thursday. - SBS

Guest Blogger Jennifer Wriggins: "Torts, Insurance, and the Value of Injury"

Posted on April 19, 2010
When U.S House Speaker Nancy Pelosi said recently, on passage of health care reform legislation, that ?being a woman is no longer a preexisting condition,? I wondered what exactly she meant. I believe she meant three things. First, prior to...

VA: Sleepover Liability Case Settles for $1.75 M

Posted on April 16, 2010
A homeowner's insurance carrier has paid $1.75 M to settle a case in which a 14-year-old girl was killed when she and her friend were allowed, by the friend's parents (as hosts of a sleepover), to ride with a boy...

Monday's Guest Blogger: Jennifer Wriggins

Posted on April 15, 2010
Jennifer B. Wriggins is the Sumner T. Bernstein Professor of Law and the Associate Dean for Research at the University of Maine School of Law. Professor Wriggins specializes in Torts, Insurance Law, and Family Law. Upon receiving her J.D., Professor....

Goldberg & Zipursky on "Torts as Wrongs"

Posted on April 14, 2010
John Goldberg (Harvard) and Ben Zipursky (Fordham) have posted to SSRN the latest piece in their development of civil recourse theory Torts as Wrongs. The abstract provides: Torts scholars hold different views on why tort law shifts costs from plaintiffs...

A Torts Mini-Roundup of LawProf Blogs

Posted on April 14, 2010
The 3rd Circuit ruled that defective sperm from a sperm bank cannot form the basis for a products liability suit. (Kraweic/The Faculty Lounge) A potential torts exam hypothetical, though panned in the comments for having insufficient nudity and death...

Toyota MDL Established in California

Posted on April 13, 2010
Robin Effron at Civ Pro Profs has the details. - SBS

FDA Proposes Amendments to DTC Regulations

Posted on April 13, 2010
The FDA has proposed amendments to its regulations on direct-to-consumer prescription drug advertising. Mass Tort Defense reports that: The new proposal would require disclosure of the major side effects and contraindications of the drug in a clear, conspicuous, and neutral...

Guest Blogger Phoebe Haddon: Update on the UMD Clinic and Thoughts on Don Gifford's New Book

Posted on April 12, 2010
Let me begin by thanking those of you who responded to the March 30, 2010 posting of Torts colleague and my casebook co-author, Michael Rustad, in which he encouraged you to sign Professor Peter Joy?s letter to the Maryland legislature...

Introducing Guest Blogger Phoebe Haddon

Posted on April 08, 2010
Monday's guest blogger is Phoebe Haddon. Haddon is Dean and Professor of Law at the University of Maryland School of Law. Dean Haddon joined Maryland Law after more than 25 years as a distinguished faculty member at the Temple University...

Redesigning the Torts Course

Posted on April 07, 2010
Over at Prawfs, Erik Knutsen (Queen's University) has a provocative post arguing that first-year Torts should be taught as "Injury Law," focusing heavily on insurance principles. --CJR

NEJM Article on Disclosure and Offer Programs

Posted on April 07, 2010
Michelle Mello and Thomas Gallagher have published an interesting piece in the NEJM. They cover several models of disclosure and offer programs, discussing the advantages and disadvantages. In particular, they highlight the fact that such programs can be implemented without...

Popper's "Materials on Tort Reform"

Posted on April 06, 2010
Andrew Popper (American University) has published "Materials on Tort Reform" (registration required), an e-book available through West Academic Publishing. The summary provides: This succinct e-book on tort reform reveals one of the most important recent movements in the civil justice...

FDLI's "Top 20 Food and Drug Cases, 2009 & Cases to Watch, 2010"

Posted on April 06, 2010
The Food & Drug Law Institute has published its "Top 20 Food and Drug Cases, 2009 & Cases to Watch, 2010." A preview of the book is available here (pdf). My colleague Bill Janssen authored the book's first chapter; he...

Guest Blogger Alex Long: "Should Tort Law Be Tougher on Lawyers?"

Posted on April 05, 2010
Should Tort Law Be Tougher on Lawyers? There are plenty of special tort rules that have developed when lawyers are sued in their professional capacity. As my colleague Ben Barton has observed, most of these special rules treat lawyers more...

Goldberg & Zipursky on Products Liability

Posted on April 03, 2010
John Goldberg (Harvard) & Benjamin Zipursky (Fordham) of posted to SSRN The Easy Case for Products Liability: A Response to Professors Polinsky and Shavell. The abstract provides: In their article ?The Uneasy Case for Product Liability,? Professors Polinsky and Shavell...

Personal Injury Roundup No. 73 (4/2/10)

Posted on April 02, 2010
Happy Passover! Happy Easter! In torts... Reform, Legislation, Policy The health care bill's medical liability language. (Wood/Point of Law) Two by Cathy Sharkey: On Punies, On Preemption. New Lawsuits Man sues neighbor over alleged deleterious effects of her use of...

Monday's Guest Blogger: Alex Long

Posted on April 01, 2010
Alex Long is Associate Professor of Law at the University of Tennessee College of Law. Professor Long moved to UT in 2007 after teaching at the Oklahoma City University School of Law for four years. He began his teaching career...

Congratulations to Sheila!

Posted on March 31, 2010
TortsProf's Sheila Scheuerman has been awarded tenure at the Charleston School of Law! Sheila has published widely on class actions and punitive damages. Her most recent work focuses on the requirement of harm for tort causes of action. We congratulate...

First Issue of Journal of European Tort Law Available

Posted on March 31, 2010
The first issue of the Journal of European Tort Lawis now available, and there is free online access for a limited time. The table of contents and the online access details follow: JETL 2010, Issue 1 - Contents: Helmut Koziol/Ken...

Ohio AG Explains Why He's Not Suing the Federal Goverment

Posted on March 30, 2010
As I mentioned in Friday's Roundup, fifteen states are suing the federal government over the recently enacted health reform law. Ohio is not one of those states, and in a National Law Journal article published yesterday, the Ohio AG explains...

Open Letter to Law Faculty: Maryland Legislature Seeks to Stop Environmental Case in UMD Clinic

Posted on March 30, 2010
Mike Rustad asked that we post the following: Dear Law Faculty, As you may have heard, the University of Maryland School of Law is under attack by a group of legislators unhappy with the work of the Environmental Law Clinic....

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