
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
TortsProf Blog 

Post Frequency: 5.1/day Last Entry: November 04, 2020 at 05:16:00 Recent Entries: 1443
Go to TortsProf Blog, find other Personal Injury Law blogs, or browse all law blogs.
Guest Blogger David Owen: "Foreseeability in Accident Law"
Posted on March 29, 2010Foreseeability often gets a bum rap in tort. As ephemeral as foreseeability by nature plainly is, most of us appreciate how important the concept is in shaping the outer boundaries of negligence responsibility. Courts widely assert that foreseeability resides importantly...
Personal Injury Roundup No. 72 (3/26/10)
Posted on March 26, 2010Reform, Legislation, Policy Fourteen states have sued federal government over health reform bill. A joint lawsuit was filed in federal court in Florida on behalf of Florida, South Carolina, Nebraska, Texas, Michigan, Utah, Pennsylvania, Alabama, South Dakota, Louisiana, Idaho, Washington...
Monday's Guest Blogger: David Owen
Posted on March 25, 2010David Owen is the Carolina Distinguished Professor of Law and Director of the Office of Tort Law Studies at the University of South Carolina School of Law, where he teaches courses and seminars on Tort Law, Tort Theory, and Products...
Cunningham on Traditional Versus Economic Analysis
Posted on March 24, 2010Lawrence Cunningham (GW) has posted to SSRN Traditional Versus Economic Analysis: Evidence from Cardozo and Posner Torts Opinions. The abstract provides: This Article contributes a new approach and evidence to the longstanding debate concerning the relative merits of traditional legal...
GA: Supreme Court Strikes Down Med Mal Damages Cap
Posted on March 24, 2010We're a little late with this story, but on Monday the Georgia Supreme Court struck down the state's $350,000 noneconomic damages cap for med mal cases. The court held the cap improperly interfered with the jury's role is assessing damages....
Chamber Releases 2010 Lawsuit Climate Survey
Posted on March 23, 2010On Monday, the U.S. Chamber of Commerce's Institute for Legal Reform ("ILR") released its annual survey (pdf) "ranking the states with the best and worst legal climates in the country." At the bottom this year are West Virginia (50th), Louisiana...
Torts Fun at the Association for the Study of Law, Culture and the Humanities Annual Conference
Posted on March 23, 2010We joined Byron Stier (Southwestern) at Brown University last weekend on a panel on "Pluralism in Tort Law and Litigation" at the Association for the Study of Law, Culture and the Humanities Annual Conference. Our thanks to the panel's moderator...
Nagareda on "Developments in the Resolution of Mass Torts: The New Face of Client Consent"
Posted on March 22, 2010Much of our thinking about torts rightly focuses on the conceptual landscape of substantive law. A significant related theme, however, concerns the legal principles that govern the ultimate cashing-out of tort claims. No context presents both the urgency and the...
Personal Injury Roundup No. 71 (3/19/2010)
Posted on March 19, 2010A short week, since this is my spring break and I'm at the Cape (for the first time!). Reform, Legislation, Policy Rather than trying to choose representative posts about the role of tort issues in the health care debate, maybe...
Introducing Guest Blogger Richard Nagareda
Posted on March 18, 2010Monday's guest blogger is Richard Nagareda. Nagareda is Professor of Law and Director of the Cecil D. Branstetter Litigation Dispute Resolution Program at Vanderbilt University Law School. Nagareda joined the Vanderbilt faculty in 2001. Before joining the Vanderbilt faculty, Nagareda...
All Things Prosser
Posted on March 17, 2010Monday was William Prosser's birthday (he was born in 1898 in New Albany, Indiana). Just in time to celebrate, Neil Richards (Washington University) and Daniel Solove (GW/CoOp) posted to SSRN Prosser's Privacy Law: A Mixed Legacy. The abstract provides: This...
2010 Clifford Symposium at DePaul
Posted on March 17, 2010DePaul will host the 16th Annual Clifford Symposium, "The Limits of Predictability and the Value of Uncertainty," on April 8 and 9. More information is here. As usual, there is a fantastic group of presenters, including Tom Baker (Penn), Margaret...
Polsky & Markel on Taxing Punitive Damages
Posted on March 17, 2010Gregg Polsky & Dan Markel (both Florida State) have posted to SSRN Taxing Punitive Damages. The abstract provides: There is a curious anomaly in the law of punitive damages. Jurors assess punitive damages in an amount that they believe will...
9/11 Responders Suit Settles; Fairness Hearing Scheduled
Posted on March 16, 2010The New York Daily News reports on the $575 million settlement reached in the 9/11 "first responders" lawsuits. As the Daily News reports, Judge Hellerstein has delayed his approval and instead is "taking a week to figure out how big...
Lahav on "Rough Justice and the Problem of Value in Tort Law"
Posted on March 16, 2010Alexandra Lahav (UConn/ Visiting Fordham) has posted "Rough Justice and the Problem of Value in Tort Law" on SSRN. The abstract provides: This Essay argues the counterintuitive position that in our tort system, individual justice is rougher than justice on...
Henderson on "The Moral Foundation of Tort"
Posted on March 15, 2010Up until recently I was agnostic on the question of whether tort law reflects ends-in-themselves moral values or is simply a positive manifestation of the instrumental means with which to achieve politically-selected social welfare ends. I am now persuaded that...
Personal Injury Roundup No. 70 (3/12/10)
Posted on March 12, 2010Reform, Legislation, Policy IL: Republican state legislator introduces a constitutional amendment which would allow the legislature to cap medical malpractice damages. The measure could reach the voters in November. (LegalNewsline) However, the head of the IL Civil Justice League does...
Introducing Guest Blogger James A. Henderson Jr.
Posted on March 11, 2010Monday's guest blogger is James A. Henderson, Jr. Henderson is the Frank B. Ingersoll Professor of Law at Cornell Law School, where he teaches Torts and Products Liability. After he received both an LL.B and LL.M from Harvard Law School,...
Pepperdine Torts Symposium
Posted on March 10, 2010The Pepperdine Law Review is hosting a symposium on April 16th, 2010 entitled Does the World Still Need United States Tort Law? Or Did it Ever? The symposium will examine the present and future influence of United States tort law...
Med Mal Reform in PA
Posted on March 10, 2010Yesterday's Patriot-News (Harrisburg, PA) included an article entitled "State's malpractice data offers ammo for both sides" by David Wenner. The article includes a link to a decade of statistics about med mal cases in PA. Some of the findings include...
Big Name Food Products Drop Corn Syrup As Ingredient
Posted on March 09, 2010The Wall Street Journal reports that several food manufacturers are replacing high fructose corn syrup with sugar in many big name products, such as Wheat Thins and Gatorade: More big-name food and beverage products?including Kraft Foods Inc.'s Wheat Thins ?have...
Supreme Court Grants Cert in Vaccine Preemption Case
Posted on March 09, 2010Civ Pro Profs have the details. - SBS
Historians in Tobacco Litigation
Posted on March 09, 2010Jon Wiener of The Nation has an interesting cover story, "Big Tobacco & the Historians: A Tale of Seduction and Intimidation," in last week's issue. It's well worth a read, especially to see the view of the tort system from...
McCann on ?Game Presentation? and Torts: The Unappreciated Dangers of Flying Hotdogs
Posted on March 08, 2010Courts generally turn to industry standards for determining the duty owed by owners and operators of professional sports facilities to their customers. They also find that people attending sporting events assume many risks of injury posed by on-field activities...
Personal Injury Roundup No. 69 (3/5/10)
Posted on March 05, 2010Reform, Legislation, Policy Medical device firms claim job losses as a result of the Massachusetts gift-ban. (Mass High Tech) Proposed Bipartisan Tax Fairness and Simplification Act of 2010 would bar defendants from deducting punitive damages awards as a business expense...
Introducing Guest Blogger Michael McCann
Posted on March 04, 2010Michael McCann is an Associate Professor of Law at Vermont Law School, where he teaches sports law, antitrust, torts, and sales. He also teaches a sports law reading group at Yale Law School. McCann is also a Legal Analyst for...
Erichson & Zipursky on Mass Torts
Posted on March 03, 2010Howard Erichson (Fordham/Mass Tort Profs) and Benjamin Zipursky (Fordham) have posted to SSRN Consent Versus Closure. The abstract provides: Claimants, defendants, courts, and counsel are understandably frustrated by the difficulty of resolving mass tort cases...
More on Toyota
Posted on March 03, 2010Transportation secretary Ray LaHood stated yesterday that the Obama administration is considering requiring all automobiles to contain a brake override system intended to prevent sudden acceleration. Already a feature in many cars sold around the world, the override system is...
Torts Visitor Opening at FIU
Posted on March 02, 2010From Howard Wasserman (FIU) comes news of a torts visitor opening at Florida International University in Miami: Florida International University College of Law invites applications from candidates for one or more visiting faculty positions beginning in Fall 2010...
AALS Call for Proposals
Posted on March 02, 2010From Emily Randon (UC Davis): CALL FOR PROPOSALS AMERICAN ASSOCIATION OF LAW SCHOOLS ? 2011 Conference, Jan 5-9th A Joint Program of the Sections on Balance in Legal Education and Academic Support Co-Sponsored by the Section on Student Services Theme:...
Previous | Next
New Baptist Covenant Blog
Last week, I pointed to the New Baptist Convenant website, now onl...
The Mexico Trucker Blog
I've written before about the perceived problems with relaxed rest...
Is it libel to write blog posts and/or online reviews about a local business that defames one's reputation?
Libel is the form of defamation expressed in fixed-- usually written form. Sland...
How can I make my blog more popular?
You have to write and submit articles, with backlinks to your blogsite....

Is it libel to write blog posts and/or online reviews about a local business that defames one's reputation?
Libel is the form of defamation expressed in fixed-- usually written form. Sland...
How can I make my blog more popular?
You have to write and submit articles, with backlinks to your blogsite....








