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Personal Injury Law

TortsProf Blog

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

Updated: Six Flags Kentucky Kingdom Settles Case

Posted on November 21, 2008
Six Flags has reached a settlement with the Lassiter family, whose daughter Kaitlyn had her feet severed when riding the Superman: Tower of Power ride in 2007. Kentucky.com has the almost non-existent details; Biz Journals says that, unsurprisingly, the terms...

Simons on Consequentialism

Posted on November 20, 2008
As expected, Ken Simons (Boston) has brought a lively discussion to Prawfsblawg. His posts on "Creeping Consequentialism and Insidious Economics" are here and here. Make sure to read the comments too. TortsProf John Oberdiek (Rutgers-Camden) and others have posted their...

Solomon on Tort Theory

Posted on November 20, 2008
Jason Solomon (Georgia) has posted on SSRN Equal Accountability Through Tort Law. Here's the abstract: The traditional conception of tort law as individual justice has been revived in recent years, particularly through the idea of "corrective justice...

DC Circuit Hears Defamation Case Against Congressman Murtha

Posted on November 19, 2008
Yesterday, the U.S. Court of Appeals for the D.C. Circuit heard oral argument in the defamation case against Representative John Murtha (D-Pa) for statements he made concerning Staff Sgt. Frank Wuterich's role in the deaths of Iraqi civilians. Wuterich sued...

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The Levine Chat

Posted on November 19, 2008
You can see a chat with Diana Levine, the plaintiff whose case frames the preemption issue in Wyeth v. Levine, here. --BC

Congress Investigating FDA Medical Device Review Process

Posted on November 18, 2008
Ed Silverman reports that the House Energy and Commerce Committee is investigating allegations that managers at the FDA Center for Devices and Radiological Health have "corrupted and interfered with the scientific review of medical devices." In a statement, John Dingell,...

A Flurry of iPhone Class Actions

Posted on November 18, 2008
The Complex Litigator reports on a new class action regarding the iPhone. This new suit alleges that the casing of the iPhone 3G is "defective and prone to cracking." This latest class action joins ones filed back in September regarding...

Chat with Levine of Wyeth v. Levine

Posted on November 17, 2008
FireDogLake will be hosting a chat with Diane Levine and the Alliance for Justice regarding the pending case Wyeth v. Levine. The chat will be tomorrow (Tuesday) at 3:00 eastern, and I am told that you have to be a...

Restatement Anniversary Observed

Posted on November 17, 2008
What does one get a Restatement for its tenth birthday? A symposium, evidently. Read about it at our neighbors the Products Liability Prof Blog. --BC

Paxil Test Case Dismissed on Statute of Limitations Grounds

Posted on November 17, 2008
A judge in Philadelphia has dismissed, on statute of limitations grounds, a case against Paxil for failure to warn against an increased risk of suicide. The case was seen as a test case, but, based on the very narrow holding,...

The Tobacco Settlement - A Look Back

Posted on November 16, 2008
It's been ten years since the landmark settlement between tobacco companies and the attorneys general of various states. All week, NPR is taking a look back at what has and hasn't changed, with segments airing on both Morning Edition and...

Exxon Damages Inching Ever Closer to, You Know, Plaintiffs

Posted on November 16, 2008
The federal judge overseeing the eternal Exxon Valdez litigation rejected a request to modify the plan for distribution of punitive damages, a portion of which will -- maybe, perhaps, soon -- be distributed to plaintiffs while the parties continue to...

Scales Reviews Abraham's "Liability Century"

Posted on November 15, 2008
Adam Scales (W&L) has posted his review of Kenneth Abraham's The Liability Century on SSRN. Here's a sample: In this Book Review, I provide an overview of Abraham's major themes, comment on their persuasiveness, and offer some direction to readers...

Personal Injury Roundup No. 15 (11/14/08)

Posted on November 14, 2008
It's been almost exactly a year since I started blogging here. I want to thank Bill and Sheila again for such a great opportunity. Now, on to torts... Reform, Legislation, Policy Senate Finance Chair Max Baucus (D-MT) calls for legal...

Baucus Plan Has Liability Changes

Posted on November 13, 2008
Max Baucus has introduced a health care reform proposal. Among its provisions is an attempt to encourage states to adopt early-offer reforms, as well as "health courts" (with experts evaluating claims for compensation). Our own Chris Robinette has a book...

Parchomovsky & Stein on Torts and Innovation

Posted on November 13, 2008
Gideon Parchomovsky (Penn/Bar-Ilan) and Alex Stein (Cardozo) have published their essay Torts and Innovation in the Michigan Law Review. The pdf link, courtesy of Co-Op, is here. --CJR

9th Circuit Imposes 3 to 1 Ratio on Punitive Damages Award

Posted on November 12, 2008
On Friday, the Ninth Circuit issued its opinion in Southern Union v. Irvin (pdf). The court previously had vacated and remanded the original punitive award, which was 153 times the compensatories. On remand, the trial court reduced the punitive damages...

Brand Name Manufacturer Liable for Generics Made by Competitor

Posted on November 11, 2008
In a stunning decision last Friday, the California First District Court of Appeal held that drug manufacturers could be held liable for harm caused by a competitor's generic version of the same drug. In its opinion (pdf), the court wrote:...

Safer Alternative Design Requirement in Florida

Posted on November 11, 2008
The Florida Supreme Court is considering whether "plaintiffs who sue companies over design defects in inherently dangerous products such as cigarettes must find a safer design option to prove liability." The Daily Business Review (via law.com) has a full report...

Obama to Hit "Undo"

Posted on November 10, 2008
The Washington Post has an AP story that the incoming administration intends to reverse by executive order dozens of Bush administration actions, ranging from stem cell research to climate change-related actions. Not mentioned are the many regulatory agency efforts to...

Tort Law Changes at Top of Oklahoma GOP's List

Posted on November 09, 2008
Oklahoma Republicans gained solid control of both legislative branches in last week's election. The governor is still a Democrat, and one who vetoed liability changes last year, but legislators think they may now be able to get a veto-proof majorty.....

TwitteringProf

Posted on November 08, 2008
I'm now on Twitter. Note that I am not just posting there about torts-related matters; it'll include some of that, but also just the day to day minutiae that seems to be the coin of that realm. So far (one...

Personal Injury Roundup No. 14 (11/7/08)

Posted on November 07, 2008
The first week of November included a historical election, and the following news from the world of torts: Reform, Legislation, Policy NYT Magazine article exploring the safety of drugs manufactured in China, and the FDA's overseas inspection program...

Obama's Election: Tort Law Implications

Posted on November 06, 2008
The WSJ published a piece on election day describing various attorney's perceptions of where the civil justice system is likely to head under President-Elect Obama. High on the list for the plaintiffs' bar is legislatively reducing the scope of preemption...

Serwin on Privacy

Posted on November 06, 2008
Andrew Serwin (Foley & Lardner) has posted the introductory chapter of his forthcoming book on privacy on SSRN. It offers a "conceptual overview of issues and principles" of the topic. --CJR

Simons at Prawfs

Posted on November 06, 2008
Ken Simons (Boston) is doing a guest run at Prawfs this month, so be sure to watch for his posts. His first two are here and here. --CJR

DOJ Investigating Merck & Schering-Plough Over Vytorin Marketing

Posted on November 05, 2008
The AP (via law.com) reports that the Department of Justice has started an investigation into whether Merck and Schering-Plough's marketing of Vytorin caused "false claims" to be filed with "federal health care programs." - SBS

More from Robbennolt on Apologies

Posted on November 05, 2008
Jennifer Robbennolt (Illinois) has posted "Attorneys, Apologies, and Settlement Negotiations" on SSRN. This is her second piece addressing the effect of apology in litigation. The abstract provides: Empirical researchers have begun to explore the influence of apologies on litigant decision...

Today's the day! GO VOTE!!

Posted on November 04, 2008
Today is Election Day in all fifty states. Please go vote! Don't know where your polling place is located? Not sure what identification to bring? Rock the Vote has a handy guide with voter information for all fifty states. -...

McMillian on Nuisance Settlements

Posted on November 04, 2008
Lance McMillian (John Marshall- Atlanta) has posted "The Nuisance Settlement 'Problem': The Elusive Truth and A Clarifying Proposal" on SSRN. The abstract provides: Many analysts have studied nuisance-value settlements and the disruption they pose to the administration of civil justice...

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