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Personal Injury Law

TortsProf Blog

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

China Passes Tort Liability Law

Posted on December 30, 2009
On December 26th, the 12th Session of the Standing Committee of the 11th National People's Congress passed the Tort Liability Law of the People's Republic of China. The law regulates liability and compensation for injuries caused by defective products, unruly...

MO: Bill Would Tie Med Mal Premiums to County of Practice

Posted on December 30, 2009
A rural Missouri legislator, in an attempt to incentivize health care providers to practice in rural areas, has introduced a bill tying malpractice insurance premiums to malpractice judgments in the county where a health care provider practices. (Kansas City Business...

Buzbee on Preemption Choice

Posted on December 29, 2009
William W. Buzbee (Emory) has posted "'Federalism Floors, Ceilings, and the Benefits of Federalism?s Institutional Diversity,' in Preemption Choice: The Theory, Law, and Reality of Federalism?s Core Question" on SSRN. The abstract provides: This chapter, from the Preemption Choice book...

Bring the Figgy Pudding, But Only After You Sign The Waiver

Posted on December 28, 2009
The UK Independent reports that High Timber, a London restaurant, is asking diners to sign a waiver before serving the traditional Christmas pudding, which can contain - if you are lucky - a small silver charm. The waiver provides, "I...

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Claeys on Compensation for Trespass

Posted on December 26, 2009
Eric Claeys (George Mason) has posted to SSRN The Right to Exclude in the Shadow of the Cathedral: A Response to Parchomovsky and Stein. Here is the abstract: This response comments on ?Reconceptualizing Trespass,? by Gideon Parchomovsky and Alex Stein...

PA: Governmental Immunity No Protection to School District for Bus Crash

Posted on December 24, 2009
In a case involving my children's school district, Cumberland Valley, a court has ruled governmental immunity in Pennsylvania does not cover traffic accidents. Pennlive has the details. --CJR

Bernstein on Toxic Tort Causation

Posted on December 23, 2009
David Bernstein (George Mason) has posted to SSRN Getting to Causation in Toxic Tort Cases. Here is the abstract: Since the issue first arose in earnest in the 1970s, courts have struggled to create rules for causation in toxic tort...

Our Thanks to the Fall 2009 Guest Bloggers

Posted on December 22, 2009
We really enjoyed hosting our Fall 2009 guest bloggers. Our guests explored a wide array of topics: Jeffrey O'Connell on "Tort Liability as Social Insurance" Keith Hylton on "Is Tort Law Economically Efficient?" Tony Sebok on "Health Insurance Reform, Tort...

Congressional Research Service Analyzes Health Care Reform Bills

Posted on December 22, 2009
Congressional Research Service, the Library of Congress department devoted to providing research and analysis on legislative issues to Congress, has issued a report analyzing the two health care reform bills: "A Comparative Analysis of Private Health Insurance Provisions of H...

AALS "Hot Topics" to Include Katrina Session

Posted on December 22, 2009
On the Friday of the AALS Conference, at least one of the "Hot Topics" sessions will be of interest to torts profs: 10:30 am-12:15 pmNapoleon Ballroom, 3rd floor, Hilton New Orleans Riverside The Katrina Litigation: On the Front Edge of...

Davis on Preemption

Posted on December 21, 2009
Mary J. Davis (Kentucky) has posted to SSRN The 'New' Presumption Against Preemption. Here is the abstract: Is there or isn?t there a ?presumption against preemption?? The Supreme Court continues to mention it, but then does, or doesn?t, apply it...

Mississippi Noneconomic Damages Cap Challenged

Posted on December 19, 2009
A shooting at a store in Belzoni is the backdrop for the challenge. The AP has the story. --CJR

Personal Injury Roundup No. 61 (12/18/09)

Posted on December 18, 2009
As you might expect, the Roundup will take a holiday break on Christmas and New Year's Day. It will return on January 8th. Reform, Legislation, Policy ATRA's 2009 Judicial Hellholes Report is out (pdf). Responses from: Turkewitz and The Pop...

Interesting Partnership

Posted on December 17, 2009
Eric Turkewitz, a New York personal injury attorney and blogger, has hired Ted Frank to represent him in objecting to the Yahoo! sponsored search class action settlement. More at both Eric's blog and Ted's blog. - SBS

Magliocca on Assumption of Risk & Football

Posted on December 16, 2009
Over at Co-Op, Gerard Magliocca (IU-Indy) discusses assumption of risk and football. --CJR

Smolla to be President of Furman

Posted on December 16, 2009
W&L Law Dean Rodney Smolla, an expert on defamation, will become the 11th president of Furman University. VLW Blog has the story. --CJR

"Linking Personal Injury Compensation Processes with Adverse Health Outcomes"

Posted on December 15, 2009
Genevieve Grant and David M. Studdert (University of Melbourne) have posted "Poisoned Chalice? A Critical Analysis of the Evidence Linking Personal Injury Compensation Processes with Adverse Health Outcomes" on SSRN. The abstract provides: Do injured persons whose injuries are potentially...

England to Change Libel Tourism Laws?

Posted on December 15, 2009
The New York Times reports that British lawmakers are considering changing the current, generous libel laws that have given London the nickname "a town called sue." - SBS

Professor Oscar Gray To Receive 2010 William L. Prosser Award

Posted on December 14, 2009
At this year's AALS meeting in January, Professor Oscar Gray, the Jacob A. France Professor Emeritus of Torts at Maryland, will receive the William L. Prosser Award in recognition of his outstanding lifetime contributions to Torts. Professor Gray is perhaps...

Chinese Drywall Class Action Filed

Posted on December 14, 2009
From About Lawsuits: About 2,100 people joined in a class action lawsuit for Chinese drywall homeowners filed in Louisiana, alleging that their homes were built with toxic wallboard manufactured by Knauf Plasterboard Tainjin Co. Ltd. (KPT). The drywall lawsuit was...

Cornell Prof Sues Wesleyan For Being Wrongly Pictured As A Murder Suspect

Posted on December 12, 2009
From Injured: A Cornell sociology professor has sued Wesleyan for negligence after the school mistakenly released his photo as a murder suspect in a killing near the Wesleyan campus. He seeks damages for emotional distress and reputational harm. - SBS

Personal Injury Roundup No. 60 (12/11/09)

Posted on December 11, 2009
Reform, Legislation, Policy GAO issues report on FDA drug oversight. (AP/Google news) Betcha didn't know that the pending health care bills would require chain restaurants and vending machines to post nutritional information. (USA Today) FDA widens radiation overdose in LA-area...

Engstrom on Personal Injury "Settlement Mills"

Posted on December 10, 2009
Nora Freeman Engstrom (Stanford) has posted to SSRN Run-of-the-Mill Justice. Here is the abstract: This Article examines a particular form of heretofore unexamined personal injury law practice that has proliferated across the United States. These law firms, which I call...

Tiger Woods and Alienation of Affections?

Posted on December 09, 2009
It's covered in this CNN.com story. --CJR

Krauss & Jones on Hines v. Garrett

Posted on December 09, 2009
The latest paper by Michael Krauss (George Mason), coauthored with Mason student William Jones, is a historical analysis of a case I used when practicing in Virginia and continue to use as a note case in the textbook I teach...

Turducken in a Federal Appellate Opinion

Posted on December 08, 2009
The torts-angle here is that it is an order about privacy law, specifically whether there is a constitutional right to informational privacy. But really this post is all about the turducken. Who would include a reference to turducken - that...

Negligent Failure to Tree Prune

Posted on December 08, 2009
From Injured: "the wife of a Google engineer injured by a falling tree branch has sued the city of New York for $120 million dollars." - SBS

"Kings of Torts" (aka The Dickie Scruggs Story)

Posted on December 07, 2009
In yesterday's Clarion Ledger, Sid Salter reviewed "Kings of Tort" by Alan Lange and Tom Dawson. The book tells the story of Dickie Scruggs's fall from grace in the bribery scandal that led to his current address in federal prison....

"Sorry Works" At Work in Rhode Island

Posted on December 07, 2009
Jane Genova reports on a story out of Rhode Island: Actor James Woods had been in a bitter lawsuit with Kent Hospital in Warwick, Rhode Island over the death of his brother in 2006. As the Providence Journal reports: When...

Personal Injury Roundup No. 59 (12/4/2009)

Posted on December 04, 2009
Classes ended this week at Western New England, and we had 60-degree weather too. An odd juxtaposition. It's a shorter roundup than usual, but still some good stuff: Reform, Legislation, Policy A RAND look at diagnosis in silicosis suits [TortsProf]....

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