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Personal Injury Law

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Post Frequency: 17.4/day

Last Entry: May 17, 2013 at 14:03:34

Catastrophic Payments and Medical Malpractice

Posted on May 17, 2013
Terry Baynes of Reuters has written an article about the recent study by a group of physicians at John Hopkins finding that large med mal awards do not contribute significantly to healthcare costs. The article quotes the lead author of...

Scheuerman on Class Certification in NFL Concussion Litigation

Posted on May 16, 2013
TortsProf's Sheila Scheuerman has posted to SSRN The NFL Concussion Litigation: A Critical Assessment of Class Certification. The abstract provides: In the world of high-stakes class action litigation, a new theory is emerging that seeks to overcome the longstanding hurdles...

Rhee on the Tort Foundation of Duty of Care and Business Judgment

Posted on May 15, 2013
Robert Rhee (Maryland) has posted to SSRN The Tort Foundation of Duty of Care and Business Judgment. The abstract provides: This Article corrects a misconception in corporation law ? the belief that principles of tort law do not apply to...

Condo/Co-Op Liability Following Hurricane Sandy

Posted on May 14, 2013
The New York Law Journal has an interesting story about negligence suits filed against Condo and Co-Op Associations following Hurricane Sandy. Thanks to Lisa Smith-Butler for the alert. - SBS

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Can a texter be liable for sending text and distracting driver?

Posted on May 13, 2013
The ABA Law Journal reports on an novel theory being tested in the New Jersey appellate courts: Does sending a text to someone you know is driving create tort liability? The plaintiffs were injured by a driver who was distracted...

Catastrophic Medical Malpractice Payouts in the United States

Posted on May 08, 2013
A team of doctors has published a study by this name in the Journal for Healthcare Quality. The absract provides: Catastrophic medical malpractice payouts, $1 million or greater, greatly influence physicians? practice, hospital policy, and discussions of healthcare reform...

The Compensation Fund: Feinberg's Back

Posted on May 06, 2013
Massachusetts Governor Deval Patrick and Boston Mayor Tom Menino have appointed Ken Feinberg to run the One Fund Boston for victims of the Boston marathon bombing. The Enterprise has an interview with Feinberg as does MSNBC. Similar to his work...

2013 Med Mal Payouts

Posted on May 03, 2013
Diederich Healthcare has released the 2013 statistics for med mal payouts. It's a treasure trove of data. Some quick takes: $3.6 billion in med mal payouts in 2012 12,142 total payouts in 2012 Payouts were 3.4% lower than 2011 (continuing...

Swan on Tort Law, Sexual Assault, and Third Parties

Posted on May 03, 2013
Sarah Swan (JSD Candidate, Columbia) has posted to SSRN Triangulating Rape. The abstract provides: Civil actions for rape and sexual assault have recently been undergoing significant changes in both quantity and quality. Quantitatively, the number of these kinds of cases...

PA: Venue Rule Covering Out-of-State Doctors Is Constitutional

Posted on May 02, 2013
A Philadelphia judge has held that a rule allowing venue over out-of-state doctors in any county in Pennsylvania is constitutional. Amaris Elliott-Engel has the full story for The Legal Intelligencer (behind a pay wall).

FL: House Passes Med Mal Reform; To Scott for Signature

Posted on May 02, 2013
Yesterday the Florida House passed a med mal reform bill that restricts experts testifying against a defendant doctor to the same specialty, not just the same field. Bloomberg Businessweek has the story. --CJR

Today in Med Mal Reform

Posted on May 01, 2013
In Missouri, the Senate is debating whether to reinstate a cap on med mal damages after the Missouri Supreme Court ruled last year that a prior cap was unconstitutional. At this point, negotiations are "in limbo," with no vote after...

Terrorism Insurance in the Wake of the Boston Marathon Attack

Posted on April 30, 2013
Because of the link between torts and insurance, many of you either teach Insurance or are interested in the subject. Here's a local story focusing on terrorism insurance after Boston. The upshot is that homeowners are generally covered and businesses...

Guest Blogger Max Kennerly: "The Danger of Assuming Judicial Omniscience in Tort Law"

Posted on April 26, 2013
When Chris invited me to write a guest post for TortsProf, I already knew what I was going to write about: how the courthouse doors were being increasingly closed on tort plaintiffs by way of procedural changes, to the point...

CFP: AALS Sections on Torts and Insurance

Posted on April 25, 2013
The 2014 AALS Annual Meeting will feature a combined Torts and Compensation Systems and Insurance Sections presentation "On the Unavoidable Intersection of Torts and Insurance." Speakers include Tom Baker (Penn),Nora Freeman Engstrom (Stanford), and Kent Syverud (Wash...

JOTWELL Torts: Zipursky on Moore on Intent

Posted on April 25, 2013
At JOTWELL, Ben Zipursky (Fordham) reviews Nancy Moore's Intent and Consent in the Tort of Battery: Confusion and Controversy, 61 Am. U. L. Rev. 1585 (2012). --CJR

Tomorrow's Guest Blogger: Max Kennerly

Posted on April 25, 2013
Max Kennerly has successfully represented a wide variety of injured clients, from the parents of an 18-year-old who needlessly died during liposuction (a case that required a five week trial in 2008, resulting in a $20.5 million jury verdict, including...

Mullenix on Class Actions at the Supreme Court

Posted on April 24, 2013
Linda Mullenix (Texas) has posted to SSRN The Practice: Class Action Cacophony at the Supreme Court. The abstract provides: Commentary and analysis of the Supreme Court?s February and March 2013, decisions in three major class action appeals: Amgen Inc...

Perspectives on Mass Tort Litigation at Widener

Posted on April 22, 2013
Last Tuesday, April 16, 2013, Widener University School of Law, the Widener Law Journal, and the Coalition for Litigation Justice, Inc. sponsored a day-long symposium, Perspectives on Mass Torts Litigation. The line-up was spectacular! The first panel on Mass Tort...

Journal of European Tort Law Publishes Latest Issue

Posted on April 20, 2013
Journal of European Tort Law, vol 4 issue 1 (2013) (available here) Articles: Duncan Fairgrieve, Geraint Howells and Marcus Pilgerstorfer ?The Product Liability Directive: Time to get Soft?? (2013) 4 JETL 1 Hugo A Acciarri and Nuno Garoupa ?On the...

John Hochfelder: "Recovering Millions of Dollars in Damages for Pain and Suffering in New York Traumatic Injury Lawsuits ? Too Much? Runaway Justice?"

Posted on April 19, 2013
We often hear in New York complaints that it?s too easy to recover too much money in tort suits. We hear of fraudulent claims, trumped up lawsuits, overly generous juries and the like, all of which can result in a...

Tomorrow's Guest Blogger: John Hochfelder

Posted on April 18, 2013
John M. Hochfelder is a traumatic injury trial lawyer in the New York City metropolitan area and Hudson Valley region. His career began as a law clerk to a federal judge in the U.S. District Court (S.D.N.Y.) after which he...

AALS Torts Section: Newsletter Information/Prosser Award Nominations

Posted on April 17, 2013
From Tony Sebok: Dear Colleagues, Greetings! In my capacity as secretary of the AALS Torts & Compensation Systems section, I am writing to pass along two important notices. 1. Torts and Compensation Section Newsletter As most of you know, our...

JOTWELL Torts: Hylton on Lobbying and Restatements

Posted on April 16, 2013
Keith Hylton (Boston University) reviews Laposata, Barnes, & Glantz's Tobacco Industry Influence on the American Law Institute's Restatements of Torts and Implications for Its Conflicts of Interest Policies over at JOTWELL. --CJR

FL: Senate Approves Med Mal Reform

Posted on April 12, 2013
By a 27-12 vote, the Florida Senate passed SB 1792, requiring an expert against a defendant doctor to be in the same specialty as the defendant, not just the same field. The bill now goes to the Florida House. The...

FL: Senate to Vote on Med Mal Tort Reforms Today

Posted on April 11, 2013
The Florida Senate is set to vote today on a tort reform package (SB 1792) that would make med mal cases more difficult to pursue. The major provision requires expert witnesses called against a defendant doctor to practice the exact...

Burch on Adequately Representing Groups

Posted on April 10, 2013
Elizabeth Chamblee Burch (Georgia) has posted to SSRN Adequately Representing Groups. The abstract provides: Adequate representation and preclusion depend on whether the courts treat a litigant as part of a group experiencing an aggregate harm or as a distinct person...

Schwartz, Goldberg & Silverman on Brand Name Drug Manufacturers Liability for Generics

Posted on April 09, 2013
Victor Schwartz, Phil Goldberg and Cary Silverman (Shook Hardy & Bacon) recently published Warning: Shifting Liability to Manufacturers of Brand-Name Medicines When the Harm Was Allegedly Caused by Generic Drug Has Severe Side Effects in Fordham Law Review...

Sudden Unintended Acceleration Claims Filed Against Ford

Posted on April 08, 2013
The National Law Journal reports that consumers have filed economic loss claims against Ford based on the risk of sudden unintended acceleration. The national class action has been filed in federal court in West Virginia. Unsurprisingly, the claims exclude potential...

Daniel Cummins: "A Maze of Uncertainty: PA Products Liability Law Remains in a Confusing State of Flux"

Posted on April 05, 2013
As of the writing of this article in January of 2013, confusion is reigning in the Commonwealth of Pennsylvania on the uncertain issue of whether the Restatement (Second) of Torts or the different analysis set forth in the Restatement (Third)...

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