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Personal Injury Law

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

Karapanou and Visscher on Pain & Suffering Damages

Posted on January 20, 2009
Vaia Karapanou and Louis T. Visscher (Erasmus University Rotterdam) have posted "The Magnitude of Pain and Suffering Damages from a Law and Economics and Health Economics Point of View" on SSRN. The abstract provides: In this paper we investigate the...

Hochfelder Surveys NY Foot Fracture Verdicts

Posted on January 20, 2009
Over at New York Injury Cases Blog, John Hochfelder surveys verdicts and settlements in recent foot injury cases (excluding amputations). Hochfelder finds a wide range from a low of $75,000 to a high of $2.2 million. He attributes the disparity...

Outdated Whois Information Leads to Potential False Light Tort

Posted on January 20, 2009
Eric Goldman has more. --BC

FDA's Role in Peanut Butter Salmonella

Posted on January 19, 2009
The Secret Ingredients blog of the Seattle Post-Intelligencer has a post today addressing the peanut butter salmonella situation, reporting that the FDA is doing relatively little to determine the scope of the outbreak. Not surprisingly, Bill Marler's blog is the...

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David Michaels to Speak at WNEC Law

Posted on January 18, 2009
I'm happy to announce that David Michaels, author of Oxford Press-published Doubt is Their Product, will be giving the first Clason Lecture at Western New England College School of Law, on Thursday, February 5, at noon. It is open to...

Twerski on Potential Claims by the Passengers of Flight 1549

Posted on January 17, 2009
The WSJ Law Blog asks the question "Can the Passengers of Flight 1549 Sue for Emotional Distress"? Of course, one can sue for anything. However, the piece goes on to evaluate the potential claims, relying on the expertise of Aaron...

Personal Injury Roundup No. 21 (01/16/09)

Posted on January 16, 2009
I hope you enjoyed San Diego as much as I did. It's really cold in Harrisburg. In torts... Reform, Legislation, Policy Oregon state Senator calls for attention to tort reform in that state despite budget woes. (LegalNewsline) The first data...

Some Changes at Asbestos.com

Posted on January 16, 2009
I haven't done a really careful look, but they've at least removed the references to the site being a resource since 1995. They've also updated the disclaimer and it's much more detailed and, in my view, a much clearer statement:...

Welcome to the Blogosphere to NewYorkInjuryCasesBlog

Posted on January 15, 2009
The blog, written by John Hochfelder, has been online for about a month and will focus on pain and suffering awards. --CJR

Atlanta Journal-Constitution Opposes Proposal to Protect FDA-Approved Drugs

Posted on January 15, 2009
The editorial is available here. The opening paragraph: Here are four compelling reasons why Gov. Sonny Perdue?s proposal to create a liability-free haven for drugmakers threatens the welfare of Georgians ?- Vioxx, Rezulin, fen-phen and Bextra. --BC (who has done...

Lilly Does Indeed Settle Off-Label Marketing Cases; Includes Misdemeanor Plea

Posted on January 15, 2009
One story is here. Lilly pleaded guilty to a misdemeanor violation of the FDCA and is paying a $515 million fine, described as the largest fine in history. The balance of the $1.4 million will go to settle civil claims,...

Two (More) from Legal Theory Blog

Posted on January 15, 2009
In the last two days, Larry Solum has posted on two articles of interest to torts enthusiasts. First, Joni Hersch and Kip Viscusi (both at Vandy) have posted on SSRN Punitive Damages by Numbers: Exxon Shipping Co. v. Baker. Here...

FDA Issues Guidance on Promotion of Off-Label Use

Posted on January 14, 2009
The FDA has issued a final "Guidance for Industry" which provides "the agency's views on the distribution of medical journal articles and scientific or medical reference publications that discuss unapproved new uses" for FDA-approved drugs and medical devices...

GA Governor Lists Tort Reform As Priority

Posted on January 14, 2009
At Tuesday's "Eggs and Issues Breakfast," Georgia Governor Sonny Perdue outlined his priorities for 2009, including two tort reform items. Although the details are vague, the Governor's press release describes a modified loser-pay rule, where a losing plaintiff would bear...

Lilly May Be Settling Zyprexa Cases

Posted on January 14, 2009
The NYT reports that Lilly is paying around $1.4 billion (that's with a B) to settle civil and criminal charges in connection with its marketing of Zyprexa. This is on top of piles and piles of money spent to settle...

Acting Directors Named at CDC and FDA

Posted on January 13, 2009
William Gimson III, the Chief Operating Officer at the CDC, will begin serving as temporary Director of the CDC next week when President-Elect Obama is sworn in. Similarly, Frank Torti, the FDA's current science chief, will begin serving as Acting...

Thoughts on Libel Tourism

Posted on January 13, 2009
David B. Rivkin Jr. and Bruce D. Brown (both from Baker Hostetler's DC office) had an op-ed in Sunday's WSJ on the phenomenon of libel tourism: the practice of suing Americans for defamation in foreign courts (particularly England) where First...

Wanted: Topics for Papers on Scientific Evidence

Posted on January 13, 2009
I am teaching a writing seminar this semester about experts and scientific evidence. If any readers have topics they've been thinking could use a careful look, please send them along (wchilds AT law DOT wnec DOT edu). Practitioners, academics, etc.,....

Chicken Case Dismissed

Posted on January 13, 2009
Judge Sessions dismissed the case of three prisoners who sued ConAgra based on allegedly improperly processed chicken. He did not reject the notion that they may have obtained something other than chicken ("Butts may have eaten something other than chicken...

More on Prisoner Fowl Case

Posted on January 12, 2009
Bill Marler is unimpressed by the case, which I noted last week and which went to trial later in the week. Marler's post, though, doesn't really identify anything particularly weak about the case. Indeed, other than the first paragraph, it...

"FDA Is Lax on Oversight During Trials, Inquiry Finds"

Posted on January 12, 2009
That's the title of a Gardiner Harris article in today's NY Times. The opening: The Food and Drug Administration does almost nothing to police the financial conflicts of doctors who conduct clinical trials of drugs and medical devices in human...

Personal Injury Roundup No. 20 (1/9/09)

Posted on January 09, 2009
I hope you are making progress on your New Year's resolutions. Here's what happened in torts for the first week of 2009: Reform, Legislation, Policy FDA announced a new rule that will require food and cosmetic labels to disclose color...

More Web Shenanigans

Posted on January 09, 2009
Erik Turkewitz is experiencing some of the sketchier side of law firm advertising too. --BC

Pacman Jones to Sue ESPN Over Reports of Additional Strip Club Incident

Posted on January 08, 2009
And Mike Florio (a lawyer and proprietor of ProFootballTalk.com) contemplates whether the now-former Dallas Cowboy Adam "Pacman" Jones has a reputation to harm. --BC

Prisoners Sue Over "Vile" Chicken Dinner

Posted on January 07, 2009
The Burlington Free Press reports on a trial to start this week in federal court in Vermont, brought by prisoners against ConAgra for an allegedly foul frozen chicken dinner. [The plaintiff] Butts had started munching on a chicken breast when...

"Damages" Second Season

Posted on January 07, 2009
The hit Damages returns for a second season tonight at 10 pm (EST) on FX. If you missed this show last year, Season One was a tort-full story line. Glenn Close stars as Patty Hewes, a New York litigator who...

Oregon Med Mal Fight Approaching

Posted on January 07, 2009
So reports LegalNewsLine.com regarding a bill that would cap damages for doctors in the Oregon Health & Science University, but not for physicians throughout the rest of the state. Democratic Senator Alan Bates has said that he will block any...

An Interesting Invitation and Some Digging: Asbestos.com

Posted on January 07, 2009
I got this e-mail yesterday: William G. Childs, I am Jesse Herman, the Awareness Coordinator at the Mesothelioma Cancer Center (www.asbestos.com). Lately I have been reaching out to attorney bloggers and site administrators in efforts to getting some of our...

Pothole Map No Longer All That Useful

Posted on January 06, 2009
The NYT has a fascinating piece (h/t Overlawyered) on a phenomenon I'd never heard about -- maps purporting to detail thousands of sidewalk defects throughout New York City, used in lawsuits to show that the city had notice of dangerous...

Are you in San Diego? Informal Torts Discussion at AALS

Posted on January 06, 2009
The AALS Torts & Compensation Section will be having an informal discussion about Torts teaching and scholarship at the AALS Annual Meeting in San Diego this week. The group will meet in the lobby bar of the Marriott at 4:45...

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