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

Markel on Colby on Philip Morris

Posted on July 11, 2008
Tom Colby (GW) is provoking reactions all over the blogosphere this morning. Over at Prawfs, Dan Markel (Florida State) is discussing his latest punitive damages piece in a post entitled "Revisiting Cost Internalization and Punitive Damages after Philip Morris...

Empirical Studies of Civil Liability at Northwestern

Posted on July 10, 2008
The Searle Center on Law, Regulation, and Economic Growth presents a Research Symposium on Empirical Studies of Civil Liability which will be held at Northwestern University School of Law, Thursday, October 9th-Friday, October 10th, 2008. This symposium brings together leading...

Solomon at Prawfsblawg

Posted on July 09, 2008
TortsProf Jason Solomon (Georgia) is guest-blogging at Prawfsblawg this month. His first two (non-torts-related) posts are here and here. UPDATE: A third post in the series on the U.S. News rankings went up this morning. --CJR

Ordered Chicken, Got Shellfish, Died

Posted on July 08, 2008
So reports Consumerist (itself linking to an AJC story). The customer, a Georgia rapper, ordered the Chicken Fresco but got the Chicken Oscar (relevant part of the Ruby Tuesday menu is here, but without pictures, so I don't know how...

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Calnan on Duty

Posted on July 08, 2008
Alan Calnan (Southwestern) has posted an interesting tort theory piece, Duty and Integrity in Tort Law, on SSRN. Here is the first paragraph of the abstract: The tort concept of duty lacks integrity in virtually every popular sense of that...

Meat & Illness

Posted on July 06, 2008
The tomato produce salmonella outbreak has gotten the most attention recently. But the Washington Post's Checkout blog has an interesting bit about Nebraska Beef, a recent 5.3 million pound recall of ground beef, and the company's history of litigation...

Ferris Wheel Incident at Hersheypark

Posted on July 05, 2008
In honor of Bill's amusement park specialty, here is a "near-miss" incident at our local favorite, Hersheypark, from last week. The article's first paragraph: A Ferris wheel rider in Hersheypark Saturday evening didn't like the conversation he was having with...

Happy Independence Day

Posted on July 04, 2008
What a country! (As the late Tim Russert would have said.) --CJR

Baker, Kritzer, & Vidmar on Jackpot Justice

Posted on July 04, 2008
Tom Baker (Connecticut/Penn), Herbert Kritzer (William Mitchell), and Neil Vidmar (Duke) have posted Jackpot Justice and the American Tort System: Thinking Beyond Junk Science on SSRN. Here is the abstract: In 2007 the Pacific Research Institute released a report, "Jackpot...

Hanson & McCann on Situationist Torts

Posted on July 03, 2008
Jon Hanson (Harvard) and Michael McCann (Boston College) have posted Situationist Torts on SSRN. Here is the abstract: This Article calls for a situationist approach to teaching law, particularly tort law. This new approach would begin by rejecting the dominant,...

Updated: Updates on Six Flags Over Georgia

Posted on July 02, 2008
Couple of things: The park is being required to enhance its signage and fencing around the ride; officials seemed to emphasize, however, that they considered the prior fencing and signage to be adequate. The new signs have to include the...

Lead Paint Manufacturers Win in Rhode Island

Posted on July 02, 2008
Yesterday, the Rhode Island Supreme Court rejected the State's public nuisance claim against the lead paint industry. A copy of the decision is available here [large pdf]. Beck & Herrmann provide a thorough analysis of the decision while Ted Frank...

Sebok on Exxon Decision

Posted on July 02, 2008
In his latest FindLaw column, Tony Sebok discusses the Supreme Court's punitive damages decision, Exxon v. Baker. Sebok points out that the Ninth Circuit's punitive to compensatory ratio was already within the presumptive "single digit" ratio set by State Farm...

Please Disregard That "We're Not Blaming the Park" Thing

Posted on July 01, 2008
The family of the young man killed at Six Flags Over Georgia had said pretty emphatically that they weren't blaming the park (here ("All we know is that we don't blame anybody."). But, well, now they've got a lawyer: "Attorney...

First Amendment Precludes Tort Claim for Emotional Distress Caused by Exorcism

Posted on July 01, 2008
Last week, in Pleasant Glade Assembly of God v. Schubert [pdf], the Texas Supreme Court held that the First Amendment precluded a claim for intentional infliction of emotional distress and mental anguish by a young woman who suffered post traumatic...

Please Do Not Place the Sharp Pointy Thing In Your Eye Socket, Thanks

Posted on July 01, 2008
Speaking of potential overwarning at amusement parks (well, Ted was, anyway), I snapped this shot at the wonderful Holiday World amusement park in Santa Claus, Indiana. This is outside the Voyage roller coaster (which, I proudly note, my nine-year-old daughter...

ALI-ABA Webcast on Exxon

Posted on July 01, 2008
ALI-ABA is presenting a webcast/telephone seminar on Exxon: The Supreme Court Rules on Preemption and Punitive Damages on Thursday July 17th from 12pm to 1pm (EST). Panelists include Andy Frey (Mayer Brown), Professor Alexandra Klass (Minnesota), and Professor Jeffrey Stempel...

Abu Ghraib Detainees Sue Contractors

Posted on June 30, 2008
Former prisoners at Abu Ghraib have sued contractors for alleged torture. They're represented by the Center for Constitutional Rights, which has the complaints posted along with a press release. --BC

Update on Six Flags Story

Posted on June 29, 2008
Today's reports suggest that the boy had left the park and was attempting to get back in without going to the front gate. His father says that they expect to have their own investigation, but that they "are not blaming...

Decapitation at Six Flags Over Georgia

Posted on June 28, 2008
Details are minimal as yet, but a boy was evidently decapitated at Six Flags Over Georgia. Reports indicate that a group of boys jumped a fence near the park's Batman coaster (an inverted coaster; see RCDB) and the boy was...

Torts in Children's Entertainment

Posted on June 28, 2008
The Incredibles came out before I started doing this blog (but Overlaywered noted its lawsuits-putting-superheroes-out-of-business premise). But another bit of kids' entertainment made me wonder what else is out there. I just completed a three-day drive to Arkansas; on the...

Colby on Philip Morris v. Williams

Posted on June 28, 2008
Thomas Colby (George Washington) has posted on SSRN Clearing the Smoke from Philip Morris v. Williams: The Past, Present, and Future of Punitive Damages (forthcoming Yale Law Journal). Here is the abstract: In Philip Morris v. Williams, the Supreme Court...

Chaperone Liability?

Posted on June 27, 2008
Our local paper, The Patriot-News, ran an article this morning about liability for volunteers on school field trips. Apparently every school district in our area has coverage for such volunteers, and there is at least one arbitration ruling lately that...

Lytton at Prawfsblawg

Posted on June 27, 2008
TortsProf Timothy Lytton (Albany) has been blogging at Prawfsblawg. His posts are here and here. --CJR

Exxon and Punitive Damages Research

Posted on June 26, 2008
Over at Concurring Opinions, Dave Hoffman has started a discussion about the Court's refusal in yesterday's opinion to rely on some punitive damages research because it was funded in part by Exxon. --CJR

Supreme Court Reduces Exxon Valdez Punitives to $500M

Posted on June 25, 2008
In a 5-3 ruling, the Supreme Court decided the Exxon Valdez [pdf] punitive damages case today. (Justice Alito did not participate in the decision). The majority opinion was authored by Justice Souter. The Court found the punitive damages award excessive...

NYC Questions 9/11 Worker Symptoms

Posted on June 25, 2008
The NYTimes reports today that the city of New York is taking an aggressive approach to the 9/11 workers who allege health issues: The city?s review, based on medical records submitted in federal court by the workers and their lawyers,...

"The Plastic Bag with Candy Coating on the Inside!"

Posted on June 24, 2008
Woot's very funny blog today has a list of "12 New Products From The People Who Brought You Lego Fun Snacks. Among them: "NASCAR Racing Scissors: the faster you run, the bigger the fun." --BC

Connecticut Upholds Application of Learned Intermediary Doctrine to Medical Devices

Posted on June 24, 2008
Beck & Herrmann have a thorough summary of Breen v. Synthes-Stratec, Inc., No. AC 28215, 2008 Conn. App. LEXIS 261 (Conn. Ct. App. May 27, 2008), in which the Connecticut Court of Appeals upheld the application of the learned intermediary...

New York's "Doctor Discipline" Bill

Posted on June 24, 2008
NY Newsday reports on the latest political skirmishes in New York on efforts to reform New York's medical disciplinary system. According to Newsday, "state Republican lawmakers said they want to address not only disciplinary matters but also rising malpractice insurance...

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