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TortsProf Blog 

Post Frequency: 5.1/day Last Entry: November 04, 2020 at 05:16:00 Recent Entries: 1443
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Gift Cards to Pay Class Action LAWYERS
Posted on February 05, 2009Often class action plaintiffs are paid in gift cards. Is it only fair their lawyers receive the same? So says Los Angeles Superior Court Judge Brett Klein. Via Olson/Overlawyered linking Metropolitan News-Enterprise and California Civil Justice Blog. --CJR
Top 10 Recent Torts & Products Liability SSRN Downloads
Posted on February 04, 2009Among papers posted in the last 60 days, the top 10 papers for the SSRN Torts & Products Liability Journal are: 1. Overreaction to Fearsome Risks Cass R. Sunstein and Richard J. Zeckhauser Harvard University - Harvard Law School and...
DuPont Wins Case, Even After Class Certification and Significant Concessions
Posted on February 04, 2009Details are at the Mass Tort Defense blog, which is (surprise!) a defense-oriented blog about mass torts, authored by an attorney at Dechert. In the case, DuPont acknowledged significant elements for liability and a class was certified, but the defense...
Sebok on Dismissal of 9/11 Property Damage Claims
Posted on February 03, 2009In his latest Findlaw column, Tony Sebok analyzes Judge Hellerstein's decision (pdf) dismissing claims by World Trade Center Properties against American Airlines for damage caused to WTC Tower Two. Remember, American's Flight 11 crashed into WTC Tower One, not Tower...
Pro and Con on Proposed Georgia Tort Reform
Posted on February 03, 2009Yesterday, the Atlanta Journal Constitution ran two op-eds on Georgia Governor Sonny Perdue's proposal to impose a loser-pays rule and limit liability for drug companies (prior posts here and here). In the "pro" piece, Dan Pero, President of American Justice...
David Michaels on WHMP
Posted on February 02, 2009David Michaels (who will be presenting the Clason Lecture at Western New England College School of Law this Thursday at noon) will appear on WHMP's Bill Dwight Show in Northampton, Massachusetts, this morning at 9:15 or so. The station does...
Two Suits Against Pfizer Revived
Posted on February 02, 2009One Alien Torts Claim suit and one Celebrex-related securities claim, both against Pfizer, were revived recently. The WSJ Law Blog has details and links. --BC
Beating Victim Sues Six Flags Over Georgia
Posted on February 01, 2009The AJC has details; essentially, the plaintiff was allegedly beaten by a group of Six Flags seasonal employees. The location of where the fight started is disputed. --BC
Tort Reform in South Carolina?
Posted on January 31, 2009On Thursday, a tort reform bill was introduced in the South Carolina Senate. Supporters argue that the bill will create a more business-friendly climate in the state. The contents? Among other things, the bill would limit the amount of bond...
Personal Injury Roundup No. 22 (1/30/09)
Posted on January 30, 2009We had yet another snow day in Massachusetts, and I'm about ready for spring. Alas, I still have to wait. But we've got our roundup to keep us warm... Reform, Legislation, Policy GAO criticizes FDA (TortsProf) FDA dissidents criticize FDA...
Vandall on Criminalizing Products Liability
Posted on January 29, 2009Frank Vandall (Emory) has posted on SSRN The Criminalization of Products Liability: An Invitation to Political Abuse, Preemption, and Non-Enforcement. Here is the abstract: Senator Arlen Specter called a hearing in March 2006, on a proposal that urges the criminalization...
Oregon Tort Reform Debated
Posted on January 29, 2009Last week, the Oregon Legislature began debating a bill to cap tort liability. The bill would replace a tort cap struck down over a year ago by the Oregon Supreme Court. We reported that decision here. The proposed caps for...
In Wisconsin, Cheerleading Is A Contact Sport
Posted on January 28, 2009Back in December, we reported on the Wisconsin Court of Appeals decision allowing a freshmen cheerleader to bring a negligence claim against her fellow cheerleader because cheerleading was not a contact sport. As the WSJ Law Blog reports, yesterday the...
FDA Dissidents Allege Criminal Investigation Targeting
Posted on January 28, 2009The NY Times today reports that nine FDA scientists who allege that they were forced to approve medical devices that they did not believe were save now contend that they have become the targets of a criminal investigation. The Times...
Peanut Factory Had a History of Problems
Posted on January 28, 2009Coverage/Commentary: Marler, NYT, Kos. --BC
Pfeyth?
Posted on January 27, 2009As noted by our colleagues over at Mass Torts, Pfizer is buying Wyeth for $68 billion creating, in the words of the New York Times, a "pharmaceutical behemoth." - SBS
GAO Issues Report Critical of FDA
Posted on January 27, 2009Last week, the Government Accountability Office issued a report (large pdf) identifying the FDA as a "high-risk area[]needing broad-based transformation to address major economy, efficiency, or effectiveness challenges." The summary notes: The second new area is protecting public health through...
Lileks on Peanut Butter
Posted on January 26, 2009James Lileks, whom I like when he's funny and get annoyed by other times, has one of the former type columns today, discussing the peanut butter salmonella situation. --BC
Emissions Order a Precursor to Preemption Policy?
Posted on January 26, 2009The folks at Pharmalittle think so, arguing that President Obama's rejection of the Bush administration's bar on state emissions rules may also suggest a similar resistance to preemption arguments. --BC
Choices Facing Cass Sunstein
Posted on January 26, 2009The Pump Handle has a post summarizing the Center for Progressive Reform's White Paper discussing the regulatory choices facing President Obama's regulatory czar Cass Sunstein. --BC
"Air Glory" Suit Settled
Posted on January 25, 2009In mid-2007, I posted about the investigative report into the death of a teenage girl on an "Air Glory" ride, which is somewhat similar in concept to the popular "SkyCoaster" swing ride, but quite different in implementation. The lawsuit that...
Hylton on the Economics of Nuisance Law
Posted on January 24, 2009Keith Hylton (Boston) has posted The Economics of Nuisance Law on SSRN. Here is the abstract: Economic analysis of nuisance law can be divided into two branches: the transaction cost model and the externality model. The two models provide a...
Symeonides on Choice of Law in Cross-Border Torts
Posted on January 23, 2009Symeon Symeonides (Willamette) has posted Choice of Law in Cross-Border Torts on SSRN. From the abstract: This Article is the first comprehensive study of how American courts have resolved conflicts of laws arising from cross-border torts over the last four...
Historian Excluded from Vinyl Chloride Case
Posted on January 23, 2009As is common, Gerald Markowitz, a historian, was named as an expert for the plaintiffs in a vinyl chloride case; I've written an article that related to discovery in the peer review process related to his book, and I've also...
Lawyer Advertising on teh Interwebs
Posted on January 22, 2009Eric Turkewitz has a careful analysis of the various potential ways that lawyers in New York might be able to get around the current ethical restrictions on advertising, as well as some suggestions about how to better control advertising. --BC
The Prosser Notebook: Classroom as Biography and Intellectual History
Posted on January 22, 2009A draft of my latest article, The Prosser Notebook: Classroom as Biography and Intellectual History, is available on SSRN. Some of you may recall my series of posts--Post 1, Post 2, Post 3, Post 4, Post 5, Post 6--on the...
Egilman on Zyprexa Settlement
Posted on January 22, 2009Dr. David Egilman has a post at the Pump Handle blog regarding the settlement of civil and criminal matters by Lilly in the Zyprexa off-label marketing case. Egilman, who acknowledged in a sworn affidavit to violating a protective order in...
Problems with the CPSIA
Posted on January 21, 2009I'm rather late to linking to it, but Walter Olson's Forbes piece is an excellent overview of the unintended consequences of the well-intentioned CPSIA. Consumerist.com has done some relevant posts as well. --BC
Beisner and Miller on MDL Reform
Posted on January 21, 2009John Beisner and Jessica Miller (both partners at O'Melveny & Myers) have published "Litigate the Torts, Not the Mass: A Modest Proposal for Reforming How Mass Torts Are Adjudicated" (pdf) as a monograph with the Washington Legal Fund. The monograph....
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New Baptist Covenant Blog
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The Mexico Trucker Blog
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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....








