Personal Injury Law

Zick on the Costs of Dissent

Posted on November 04, 2020
Timothy Zick has posted to SSRN The Costs of Dissent: Protest and Civil Liabilities. The abstract provides: This Article examines the civil costs and liabilities that apply to individuals who organize, participate in, and support protest activities. Costs ranging from...

CFP: Michigan Law Junior Scholars Conference

Posted on November 03, 2020
The University of Michigan Law School invites junior scholars to attend the 7th Annual Junior Scholars Conference, which will take place virtually on April 16-17, 2021. The conference provides junior scholars with a platform to present and discuss their work...

AALS Torts Section 2020 Newsletter

Posted on November 02, 2020
. . . is here: Download Torts Newsletter 2020 Thanks to Tim Lytton.

Three by Nolan

Posted on October 30, 2020
Donal Nolan has posted three pieces to SSRN. First, Assumption of Responsibility: Four Questions; the abstract provides: Although the assumption of responsibility concept pervades the English law of negligence, its meaning remains hazy and its significance contested...

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Czapanskiy on Taxing the Sale of Structured Settlement Income Streams

Posted on October 28, 2020
Karen Czapanskiy has posted to SSRN Tax Policy, Structured Settlements and Factoring: Making Exploitation Easy and Profitable. The abstract provides: Secondary sales of streams of income payable under structured settlements of tort claims are such a disfavored transaction that Congress...

Frye & Miers on Internet Trolls and Section 230

Posted on October 27, 2020
Brian Frye & Jess Miers have posted to SSRN Combating Internet Trolls: The Right of Publicity and Section 230. The abstract provides: Section 230 protects internet trolls and websites from liability for defamation and other torts, but from liability for...

Jaeger on the Empirical Reasonable Person

Posted on October 26, 2020
Christopher Brett Jaeger has posted to SSRN The Empirical Reasonable Person. The abstract provides: The reasonable person standard is central to law, and to tort law in particular. But there is much debate about what it means for a person...

Concern that Convergence of Flu and COVID Could Boost Med Mal Claims

Posted on October 22, 2020
Because initial symptoms of flu and COVID-19 are similar, some experts are concerned that physicians will mistake the two, leading to an increase in malpractice claims. Business Insurance has details.

Goudkamp & Nolan on an Empirical Perspective of Contributory and Professional Negligence

Posted on October 21, 2020
James Goudkamp & Donal Nolan have posted to SSRN Contributory Negligence and Professional Negligence: An Empirical Perspective. The abstract provides: Although contributory negligence is usually associated with accident cases, it is frequently pleaded by defendants who have been sued for...

Ginsberg on Palsgraf and Med Mal

Posted on October 20, 2020
Marc Ginsberg has posted to SSRN Palsgraf Meets Medicine: Physician Beware!--The Unidentified Non-Patient and the Duty of Care. The abstract provides: This paper focuses on the intersection of proximate causation and physician liability. Specifically, the issue is this: should a...

Arbel on Slicing Defamation by Contract

Posted on October 16, 2020
Yonathan Arbel has posted to SSRN Slicing Defamation by Contract. The abstract provides: In considering the problem of fake news, many debate the merits of expanding media liability through the tort doctrine of defamation. In this Essay I present an....

Justice Thomas Signals His Support to Contract Section 230 Immunity

Posted on October 14, 2020
Yesterday Justice Thomas signaled he would like the Supreme Court to take up the issue of the immunity provided by Section 230 (of the Communications Decency Act of 1996). That section exempts websites from civil liability for most of the...

Billauer on Addressing Anti-Vaccine Speech

Posted on October 09, 2020
Barbara Pfeffer Billauer has posted to SSRN Addressing the Demonstrable Effects of Anti-Vax FEAR (False, Endangering, and Reckless) Speech With Mandated Public-Health Education and Government Speech. The abstract provides: The 2018-2019 measles epidemic was the worst the world has seen...

OH: Amazon is Not a Supplier for Purposes of Products Liability

Posted on October 07, 2020
Last week, the Supreme Court of Ohio ruled that Amazon is not a supplier for purposes of the Ohio Products Liability Act, and therefore not liable for the death of a teenage boy killed by an overdose of caffeine powder...

Sloss on Section 230 and the Duty to Prevent Mass Atrocities

Posted on October 06, 2020
David Sloss has posted to SSRN Section 230 and the Duty to Prevent Mass Atrocities. The abstract provides: Between August and November, 2017, the Myanmar military carried out a series of brutal attacks against Rohingya Muslim communities in Rakhine State...

Erichson, Goldberg & Zipursky on Case-Linked Jurisdiction and Busybody States

Posted on October 02, 2020
Howard Erichson, John Goldberg & Ben Zipursky have posted to SSRN Case-Linked Jurisdiction and Busybody States. The abstract provides: Beginning with Justice Ginsburg?s 2011 opinion in the Goodyear case ? and echoed in Justice Thomas?s 2014 opinion in Walden v...

PA: Appeals Court Holds PLCAA Unconstitutional

Posted on October 01, 2020
On Monday, the Pennsylvania Superior Court held that the Protection of Lawful Commerce in Arms Act (PLCAA) was unconstitutional. In March 2016, J.R. Gustafson was killed when his 14-year-old friend accidentally shot him with a semi-automatic handgun that he thought...

The 2021 Prosser Award Honoree is Judge Jack Weinstein

Posted on September 29, 2020
The AALS Torts and Compensation Systems Section has announced that the 2021 Prosser Award honoree is Judge Jack Weinstein. Judge Weinstein served as a federal judge in Brooklyn for 53 years, retiring earlier this year at the age of 98....

Czaczkes, Baker & Witt: Liability Insurance Coverage is a Reason to Reject COVID-19 Immunity

Posted on September 27, 2020
Yale undergraduate Josh Czaczkes, Tom Baker, & John Witt have just finished a really interesting research project. Using a database run by Baker at Penn, the group determined that 80% of liability policies have coverage for losses for infection by...

Perry on COVID-19 Liability

Posted on September 25, 2020
Ronen Perry has posted to SSRN Who Should Be Liable for the COVID-19 Pandemic?. The abstract provides: The Article systematically and critically evaluates the potential liability of various ?suspects? for the physical, emotional, and economic losses arising from the COVID-19...

Russell on Frivolous Defenses

Posted on September 22, 2020
Thomas Russell has posted to SSRN Frivolous Defenses. The abstract provides: This article is about civil procedure, torts, insurance, litigation, and professional ethics. This is an empirical piece with data drawn from a sample of 355 answers to 298 complaints...

Yale Law Journal Submission Deadline is Wednesday

Posted on September 21, 2020
The Yale Law Journal has announced that the submission deadline for articles and essays is this Wednesday, September.

Berman on Tobacco Litigation and E-Cigarettes

Posted on September 16, 2020
Micah Berman has posted to SSRN Tobacco Litigation, E-Cigarettes, and the Cigarette Endgame. The abstract provides: Among his many contributions to the field of public health law, Professor Richard Daynard is perhaps best known for (a) advancing the idea that...

Geistfeld: Principles of Products Liability, Third Edition

Posted on September 14, 2020
Mark Geistfeld has posted to SSRN two chapters from Principles of Products Liability (3rd ed.). The abstract provides: Two chapters from the third edition of Principles of Products Liability (Foundation Press 2020), a state-of-the-art study of products liability...

Borghetti, Fairgrieve & Rott on a Comparative Review of Vaccine Remedies

Posted on September 11, 2020
Jean-Sébastien Borghetti, Duncan Fairgrieve & Peter Rott have posted to SSRN Remedies for Damage Caused by Vaccines: A Comparative Study of Four European Legal Systems. The abstract provides: Compensation for damage caused to patients by vaccination is an increasingly prominent...

Personal Injury Roundup No. 99 (4/1/2011)

Posted on April 01, 2011
New Cases TX: Family of teen who committed suicide sues the Texas school district where he attended school; some of the incidents were videotaped and posted to Youtube. (ABA Journal) VA: One defamation case begets another as judge alleges defamation....

Suit Filed in Rodeo Coaster Death

Posted on March 31, 2011
On Friday, I mentioned two amusement ride deaths -- one train ride in South Carolina, and another on a roller coaster at the Houston Rodeo. As predicted, the latter has already resulted in a suit. You can see the complaint...

Top 10 Recent Torts and Products Liability SSRN Downloads

Posted on March 30, 2011
RECENT HITS (for all papers announced in the last 60 days) TOP 10 Papers for Journal of Torts & Products Liability Law eJournal January 28, 2011 to March 29, 2011 Rank Downloads Paper Title 1 328 Rules for Growth: Promoting...

"Festschrift for Robert Rabin"

Posted on March 29, 2011
The topic of the 2011 Clifford Symposium on Tort Law and Social Policy is a "Festschrift for Robert Rabin." Bob Rabin is one of the towering figures of American tort law. His work has influenced the way we think about...

Bret Michaels Sues CBS for 2009 Tony Injury

Posted on March 28, 2011
Bret Michaels filed a lawsuit against CBS and the Tony Awards on Friday based on the stage scenery that dropped and hit him when he performed at the 2009 Tony awards. His suit seeks unspecified damages, but ties the 2009...

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