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Personal Injury Law

TortsProf Blog

Post Frequency: 5.1/day

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

"Pro & Con: Should Liability Damages Caps Be A Part of Health Reform?"

Posted on September 22, 2009
The Atlanta Journal-Constitution has a debate on whether liability damages caps should be a part of health reform. Randolph W. Page of the Heritage Foundation takes the "pro" side, while C. Andrew Childers of Childers & Schlueter takes to "con"...

Wyeth v. Levine Post-Script

Posted on September 22, 2009
Pharmalittle brings news of an interesting post-script to the Supreme Court's decision in Wyeth v. Levine (pdf) last March. In Wyeth, Diana Levine won a $7.4 million damages award against Wyeth after losing her arm to gangrene from an improper...

Guest Blogger Mike Rustad on "Unstuffing the Dog: Training Better Attorneys by Introducing Real-World Concerns in the Teaching of Torts"

Posted on September 21, 2009
Value-neutrality was a term coined by Max Weber, a founding father of sociology. Weber contended that sociologists should be apolitical, objective, and avoid injecting ideological assumptions into their teaching as well as their research. Weber?s preference has gained widespread acceptance...

White House Announces Grants For "New Medical Liability Models"

Posted on September 19, 2009
Following up on Tony Sebok's post yesterday, we now have some more details on President Obama's "demonstration projects" on tort reform. Specifically, Secretary of Health and Human Services Kathleen Sebelius announced $25 million in grants for states "to try out...

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Guest Blogger Tony Sebok on Health Insurance Reform and Tort Reform - Part II

Posted on September 18, 2009
As promised, I want to explore the debate over tort reform from a systematic perspective. The President?s embrace of tort reform in medical malpractice?tepid as it may be?shows that the issue has moved to the mainstream. The significance of the...

No Roundup Today

Posted on September 18, 2009
The Roundup will return next Friday, September 25th. - SBS

Introducing Guest Blogger Mike Rustad

Posted on September 17, 2009
Monday's Guest Blogger is Mike Rustad. Rustad is currently the Hugh C. Culverhouse Visiting Chair at Stetson Law School. He is also the the Thomas F. Lambert Jr. Professor of Law and co-director of the Intellectual Property Law Concentration at...

Halliburton Rape Case Heading to Court, Not Arbitration

Posted on September 16, 2009
The WSJ Law Blog has details. We posted about the case before here. --BC

Eisenberg on the Chamber of Commerce's Liability Survey

Posted on September 16, 2009
Theodore Eisenberg (Cornell) has posted to SSRN U.S. Chamber of Commerce Liability Survey: Inaccurate, Unfair, and Bad for Business. Here is the abstract: The U.S. Chamber of Commerce uses its Survey of State Liability to criticize judiciaries and seek legal...

GA Supreme Court to Decide Constitutionality of Med Mal Damage Caps

Posted on September 16, 2009
Yesterday the Georgia Supreme Court heard arguments in a case challenging the 2005 law imposing a $350,000 cap on non-economic damages in medical malpractice cases. The trial judge ruled the caps unconstitutional. Coverage is here: Atlanta Journal Constitution, Atlanta Business...

Paxil Lawsuit Began Yesterday in Philadelphia

Posted on September 15, 2009
The first Paxil birth defect lawsuit against GlaxoSmithKline was scheduled to being yesterday in Philadelphia. Bloomberg and About Lawsuits have stories on the suit. However, I have not found any stories confirming that the trial did, in fact, begin yesterday,...

First Fosamax Trial Ends In Mistrial

Posted on September 15, 2009
The New York Times reports that, on Friday, a federal judge in New York declared a mistrial in the first Fosamax trial to reach a jury. A copy of the plaintiff's motion for mistrial(pdf) is also available from the NYT....

Guest Blogger Tony Sebok On Health Insurance Reform and ERISA

Posted on September 14, 2009
This is a good week to be guest-blogging at TortsProf. President Obama?s speech last week in defense of healthcare reform won the longest and most sustained applause from the Republican side of the aisle when he mentioned tort reform. Some...

Kuney on Successor Liability

Posted on September 12, 2009
George Kuney (Tennessee) has posted to SSRN Appendix to George W. Kuney, A Taxonomy and Evaluation of Successor Liability. Here is the abstract: This appendix to an earlier published article represents the author?s attempt to continue to explain the characteristics...

Personal Injury Roundup No. 50 (9/11/09)

Posted on September 11, 2009
My kids finally started school this week, so -- after three weeks teaching -- it finally actually feels like fall here. Reform, Legislation, Policy The "uneasy case" for products liability (SSRN) Obama's speech makes limited reform suggestions (Washington Post, Overlawyered...

Introducing Guest Blogger Tony Sebok

Posted on September 10, 2009
Monday's Guest Blogger is Tony Sebok. Sebok is currently a Professor of Law at Cardozo School of Law (Yeshiva University). At Cardozo, he teaches Torts and Advanced Torts. Before joining the Cardozo faculty, Sebok was the Centennial Professor of Law....

Shavell & Polinsky on the Uneasy Case for Products Liability

Posted on September 09, 2009
Steven Shavell (Harvard) & Mitchell Polinsky (Stanford) have posted to SSRN The Uneasy Case for Products Liability. Here is the abstract: We explain in this Article that the benefits of product liability may well be outweighed by its costs in...

Top 10 Recent SSRN Torts & Products Liability Downloads

Posted on September 09, 2009
1 243 Responsibility & the Negligence Standard Joseph Raz, Joseph Raz, University of Oxford - Faculty of Law, Columbia Law School, Date posted to database: July 21, 2009 Last Revised: September 7, 2009 2 103 Justifying the Structured Settlement Tax...

New Twist on Vicarious Liability: Las Vegas Hardrock Owners Sued for Death of CEO's Girlfriend

Posted on September 08, 2009
Matthew Heller at On Point Legal News reports on a new twist on an employer's vicarious liability for its employee's torts: Taking employment law into uncharted waters, a $645 million lawsuit alleges the operator of the Hard Rock resort in...

Class Action Suit Filed Against Applebee's For Allegedly Misleading Nutrition Values

Posted on September 08, 2009
The Lexington-Herald reports that two Kentucky women have filed a class action suit against Applebee's for fraud based on allegedly false nutrition values on its menus. Similar class actions are already pending in Ohio, Illinois and Kansas. - SBS

Happy Labor Day!

Posted on September 07, 2009
Enjoy your day away from classes. Guest Blogger Monday resumes next week. --CJR

Podcast on Medical Apologies

Posted on September 05, 2009
WHYY has a podcast on medical apologies featuring Richard Boothman, chief risk officer at the University of Michigan Health System, and Thomas Gallagher, a physician and associate professor of medicine at the University of Washington Medical Center. Listen here: http://www...

Personal Injury Roundup No. 49 (9/4/09)

Posted on September 04, 2009
Reform, Legislation, Policy OK: Tort reform takes effect on 11/1, potential claimants urged to file now. (NewsOk, via Olson/Overlawyered) NY: Tightening comparative negligence in med mal cases? (Olson/Point of Law) In support of medical checklists as tort reform...

Guest Blogger Monday Series

Posted on September 03, 2009
The reaction to Guest Blogger Monday has been very positive. So far, Jeffrey O'Connell (Virginia) wrote on "Tort Liability as Social Insurance" and Keith Hylton (Boston University) posted on "Is Tort Law Economically Efficient?". We will take a break this...

Alan Calnan's "Duty and Integrity in Tort Law" Available from CAP

Posted on September 02, 2009
Duty and Integrity in Tort Law by Alan Calnan (Southwestern) is now available through Carolina Academic Press. Here is the abstract: Duty and Integrity in Tort Law is a comprehensive, versatile and revolutionary examination of the tort concept of duty...

Stier on Verdict Variability and the Mass Tort Class Action

Posted on September 02, 2009
Byron Stier (Southwestern) has posted to SSRN Jackpot Justice: Verdict Variability and the Mass Tort Class Action. Here is the abstract: Mass tort scholars, practitioners, and judges struggle with determining the most efficient approach to adjudicate sometimes tens of thousands...

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