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Personal Injury Law

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

Personal Injury Roundup No. 91 (1/21/11)

Posted on January 21, 2011
I'm starting to prep this roundup under the threat of yet another snow day. Oi. New Suits, Trials Airplane stowaway's family sues, alleging faulty security allowed the teen to get past security and into an airplane's landing gear (from which...

New Blog on Torts & Scientific Evidence

Posted on January 20, 2011
Nathan Schachtman, a former big firm defense lawyer now practicing on his own, has started a new blog focused on torts and scientific evidence (one of my particular interests), "Tortini: For your delectation and delight, desultory dicta on the law...

Chicken Little

Posted on January 20, 2011
Every year or two, I like to revisit a prediction of utter doom ("It puts roller coasters out of business") issued by the CEO of the California Attractions and Parks, John Robinson, after the California Supreme Court ruled that amusement...

Documents in Summers v. Tice

Posted on January 19, 2011
More original documents from Kyle Graham (Santa Clara), this time from that famous hunting case, Summers v. Tice. Summers's Court of Appeal Brief Download Respondents' Brief, Tice's Court of Appeal Brief Download Tice's Appellate Brief (Ct of App), Court of...

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Chamallas on Third-Party Criminal Attack Cases

Posted on January 19, 2011
Martha Chamallas (Ohio State) has posted to SSRN Gaining Some Perspective on Tort Law: A New Take on Third-Party Criminal Attack Cases. The abstract provides: Despite the prominence of the objective "reasonable person standard" in tort doctrine, it is a...

Healthcare Law In The Federal Courts - January 28th, Charleston

Posted on January 18, 2011
The Federal Courts Law Review at the Charleston School of Law is hosting a day-long symposium on Friday, January 28th, on "Healthcare Law in the Federal Courts." The symposium focuses on the recent health care reform act, namely, the Patient...

Family of Stowaway Suing

Posted on January 18, 2011
The family of Delvonte Tisdale, a sixteen-year-old who evaded airport security and stowed away in a plane's landing gear, falling to his death in the Boston area, has retained an attorney. The attorney's statement, issued through a public relations agency,...

The 25th Anniversary of Martin Luther King, Jr. Day

Posted on January 17, 2011
Martin Luther King, Jr. Day is not only a federal holiday, but also a national day of service. Congress passed the King Holiday and Service Act in 1994, which established Dr. King's birthday as a day of service and charged...

Personal Injury Roundup No. 90 (1/14/11)

Posted on January 14, 2011
New Suits Drivers in car collisions with moose in Newfoundland, Canada blame the province for failure to control the moose population. (BBC via Olson/Overlawyered) Jilted bride sues groom for $100K for breach of promise to marry, IIED. (Today Show via...

A Tortious Day in Western Mass

Posted on January 13, 2011
We subscribe to the Daily Hampshire Gazette, a paper that is not technically daily (since it has no Sunday edition) and that, until a few years ago, was an afternoon paper (confusing me to no end when we moved here)....

Vaccine-Autism Link Study a "Fraud," Motivated by Money

Posted on January 13, 2011
By now, most have heard about the three-part series BMJ is publishing about Andrew Wakefield's now-discredited Lancet study linking vaccines to autism. Part 1 explored the [to describe it charitably] flawed data; an accompanying editorial described it as an "elaborate...

Documents in Hammontree v. Jenner

Posted on January 12, 2011
Those of you using Franklin, Rabin, & Green encounter Hammontree v. Jenner as the first case in the book. I happen to be teaching it today. Used to illustrate the choice between negligence and strict liability for unintended injury, the...

Congratulations to Alexandra Lahav!

Posted on January 11, 2011
Congratulations to Alexandra Lahav, our colleague over at Mass Tort Litigation Blog! She has been named the recipient of the First Annual Fred Zacharias Scholarship Prize for her article Portraits of Resistance: How Lawyers Respond to Unjust Proceedings, 57 UCLA...

Symeonides's 24th Annual Choice-of-Law Survey

Posted on January 10, 2011
Symeon Symeonides (Willamette) has posted his annual choice-of-law survey. The abstract provides: This is the Twenty-Fourth Annual Survey of American Choice-of-Law Cases. It is written at the request of the Association of American Law Schools Section on Conflict of Laws,...

AALS Panel on Disability and Tort Law

Posted on January 08, 2011
The official Torts & Compensation Section panel is not the only panel at AALS relevant to torts. A panel co-sponsored by the sections on Disability Law and Remedies covered the intersection of torts and disability law. The chair of the...

Vaccines and Drugs: A Brave New Tort World

Posted on January 08, 2011
Torts & Compensation Section Chair Cathy Sharkey (NYU) introduced the panel by noting its diversity. In addition to academics, the panel included a policy expert and a practicing lawyer. The papers from the panel will be published in an upcoming...

Coverage of the Vaccines and Drugs Panel at AALS

Posted on January 06, 2011
By the time this post goes up, I'll be en route to San Francisco. For those of you who aren't attending the conference, I'll have coverage of the Torts & Compensation Section's Panel, "Vaccines and Drugs: A Brave New Tort...

Klein on Libel Tourism

Posted on January 05, 2011
Andy Klein (Indiana-Indianapolis) has posted to SSRN Some Thoughts on Libel Tourism. The abstract provides: This paper addresses the topic of ?libel tourism,? a phrase used to describe cases where plaintiffs sue for defamation in a foreign jurisdiction and then...

Katrina Limited Fund Class Settlement Rejected by 5th Circuit

Posted on January 04, 2011
This missed by radar, and I'm glad the Drug & Device guys were on top of things (as usual). The Fifth Circuit (pdf) has rejected a proposed limited fund class settlement in a piece of the Katrina related litigation. The...

Welding Rod Litigation Update

Posted on January 03, 2011
Sean Wajert at Mass Tort Defense provides a concise update on the status of the welding rod litigation MDL, in which plaintiffs allege that fumes from manganese welding rods caused various injuries. Wajert also reports on a recent case by...

Hubbard's Scholarship

Posted on December 30, 2010
F. Patrick Hubbard (South Carolina) has posted to SSRN several of his older works. Making People Whole Again: The Constitutionality of Taxing Compensatory Damages for Mental Distress The Physicians' Point of View Concerning Medical Malpractice: A Sociological Perspective on the...

Jennifer Wriggins's Constitution Day Lecture

Posted on December 29, 2010
Jennifer Wriggins (Maine) has posted her Constitution Day lecture at Maine to SSRN. Entitled Constitutional Law and Tort Law: Injury, Race, Gender, and Equal Protection, the abstract provides: The lecture focuses on how the equal protection clause of the fourteenth...

Dorf on "The Setoff Problem"

Posted on December 28, 2010
An article in Saturday's NY Times reported that New York State seeks reimbursement from indigent patients in state-run mental hospitals when the patient wins a tort award against the state for poor care in the very same hospital. On his...

Two Law Profs Win $5 Million Punitive Damages From West

Posted on December 27, 2010
As Brian Leiter reports, two law professors (from Penn and Widener) have won $5 million in punitive damages in a defamation suit against West Publishing. Although their contract allowed West to continue to publish their treatise using their names, the...

NY: Golfer Not Liable for Failure to Yell "Fore"

Posted on December 23, 2010
The New York Court of Appeals affirmed the Appellate Division's dismissal of a golfer's tort action based on his golfing partner's failure to warn of an impending swing of the club: "The manner in which Anand was injured ? being...

AALS Torts & Compensation Section Meeting on Vaccines and Drugs

Posted on December 22, 2010
Saturday January 8, 2011 1:30-3:15 PM Section on Torts and Compensation Systems Market Street, Third Floor Level, Parc 55 Wyndham San Francisco Union Square Vaccines and Drugs: A Brave New Tort World (Papers to be published in the Indiana Health...

Tyler Clementi's Family Files Notice of Claim Against Rutgers

Posted on December 22, 2010
The family of Tyler Clementi, the student who committed suicide in September after video of his inimate encounter with another man was broadcast on the internet, has filed a notice of claim against Rutgers University: The notice, filed by Westmont...

Philadelphia Tops ATRA's 2010 Judicial Hellholes Report

Posted on December 20, 2010
Last week, the American Tort Reform Association (ATRA) announced its 2010 Judicial Hellholes Report (pdf). From the news release: "Traditionally, Judicial Hellholes have been considered places where civil judges systematically apply laws and court procedures in an unfair and unbalanced...

Personal Injury Roundup No. 89 (12/17/10)

Posted on December 17, 2010
New Suits Lawyer sues ex-fiancee for IIED. (ABA Journal) Class action suit filed against McDonald's for putting toys in happy meals. (WaPo, WSJ Law Blog, Olson/Overlawyered) DOJ sues BP over Deepwater Horizon Spill. (Jurist, WSJ Law Blog) Sierra Club and...

Olson on the Happy Meal Lawsuit

Posted on December 16, 2010
Walter Olson takes on the Happy Meal lawsuit in a guest column at New York Daily News. ("McDonald's suit over Happy Meal toys by California mom Monet Parham new low in responsible parenting") --CJR

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