Personal Injury Law

Roger Clemens, Defamation, and Evidence

Posted on May 05, 2008
The Sports Law Blog has a detailed post on the admissibility (or, more likely, inadmissibility) of evidence relating to Roger Clemens's alleged affairs on his defamation claim against trainer Brian McNamee. Worth a read if you're following the story. --BC

Scheuerman on Punitive Damages and Class Actions

Posted on May 03, 2008
TortsProf's own Sheila Scheuerman has posted Two Worlds Collide: How the Supreme Court's Recent Punitive Damages Decisions Affect Class Actions on SSRN. Here's the abstract: This article examines the intersection between two controversial areas of the law - punitive damages...

Bridge Collapse Deal Reached

Posted on May 02, 2008
Minnesota legislators reached a deal to settle with the victims of last year's bridge collapse, reports the Strib. The default payment cap is $400,000, but a second fund will provide compensation for "extraordinary" losses -- medical expenses above $400,000 and...

Medical Malpractice: Actors, Flaws, and Reform (II)

Posted on May 02, 2008
Yesterday, I started this med mal series here. I'll finish discussing the flaws next week. II. Flaws The first problem with medical malpractice litigation is uncertainty, both as to liability, and as to the proper amount to award for pain...

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Sebok on Nagareda's Mass Torts in a World of Settlement

Posted on May 02, 2008
Professor Anthony Sebok's book review, What Do We Talk About When We Talk About Mass Torts?, 106 Mich. L. Rev. 1213 (2008), is available here. Sebok reviews Professor Richard Nagareda's Mass Torts in a World of Settlement (2007), available here....

Medical Malpractice: Actors, Flaws, and Reform

Posted on May 01, 2008
Today I'm beginning a multi-post series on medical malpractice litigation. The posts are inspired by a book I'm publishing with Jeffrey O'Connell, A Recipe for Balanced Tort Reform. It should be available in June. Of course, all comments are welcome....

Top 10 Torts Downloads on SSRN

Posted on April 30, 2008
Listed below are the top 10 downloads for papers posted on SSRN from March 1, 2008 to April 30, 2008 in the Journal of Torts & Products Liability Law: 1 161 The American Revolution and the European Evolution in Choice...

Second Circuit Weighs In on NYC Menu-Calorie-Regulation

Posted on April 30, 2008
As noted yesterday, a federal district judge has upheld the NYC regulation requiring chain restaurants to post calorie information. The United States Court of Appeals for the Second Circuit has now lifted a stay, allowing the law to go into...

Would You Like to Supersize?

Posted on April 29, 2008
On April 16th, U.S. District Judge Richard J. Holwell upheld New York City's revised Regulation 81.50, which require restaurants to post calorie information on menus. As previously reported, Judge Holwell struck down the original regulation last September...

Utah AG Calls for Punitive Damages Cap

Posted on April 29, 2008
On Monday, Utah Attorney General Mark Shurtleff stated that he is open to a cap on punitive damages awards. To help improve the state's legal climate, Shurtleff said caps on punitive damage awards would, among other things, help prevent physicians...

Baldy

Posted on April 28, 2008
That's me on the right; on the left is my friend and colleague Sam Charron, assistant director of career services and public interest coordinator at the School of Law: (Why, you ask, am I wearing a bathrobe? Good question. Read...

Obama & Liability Reforms

Posted on April 28, 2008
On his much-hyped Fox News appearance, Barack Obama cited his support of tort reform (presumably CAFA) as evidence of independence. Point of Law is underwhelmed. --BC

That's Rather More Warnings Than I'm Used to Seeing on Soda Bottles

Posted on April 27, 2008
My daughter went out for sushi the other night with a friend's family (at age 9, she's more adventurous, food-wise, than I was by 25). She came home with a bottle of Ramune, a Japanese soft drink. I will try...

Med Mal Reform in Tennessee

Posted on April 26, 2008
Both houses of the Tennessee General Assembly have passed a medical malpractice reform bill; it is now in the hands of Governor Phil Bredeson. The Memphis Business Journal states: The bill will require attorneys to file a certificate of good...

Reflections on Changing Textbooks

Posted on April 25, 2008
Last night, I finished teaching my (two-semester) Torts class for the third year in a row. I really love the teaching part of the job. I thoroughly enjoy the Socratic dialogue, exploring the concepts, and interacting with students. However, I'm...

Levin: Tort Wars

Posted on April 25, 2008
Joel Levin (Case Western Reserve) has published Tort Wars, available here from Cambridge University Press. Levin's central thesis is that tort law is about achieving peace. I read the book as a reviewer. Whether you agree with Levin or not,...

Risks at Basketball Games

Posted on April 24, 2008
A dentist is suing the Chicago Bulls for injuries he suffered at a basketball game, not due to any of the usual game-related risks, but instead due to the mascot, Benny the Bull: Dr. Don Kalant Sr. alleged he was...

Congratulations to Dan Dobbs

Posted on April 24, 2008
Dan Dobbs (Arizona) is retiring after a full and influential career. The Arizona Law website has a feature "In Celebration of Dan Dobbs." Here is a sample: Professor Dan B. Dobbs is retiring from Arizona Law in May, 2008. In...

GAO Report on FDA: Recent Initiatives Have Potential But Weaknesses Remain

Posted on April 23, 2008
In a report [pdf] released yesterday, the Government Accounting Office concluded that "[r]ecent FDA initiatives--some of which have been implemented and others proposed--could strengthen FDA's foreign drug inspection program, but these initiatives do not fully address the weaknesses that GAO...

Lawsuit Climate 2008

Posted on April 23, 2008
The Institute for Legal Reform has released its annual ranking of the civil litigation systems in the fifty states. The top five states, in order, are Delaware, Nebraska, Maine, Indiana and Utah. The bottom five, also in order, are West...

Happy Earth Day!

Posted on April 22, 2008
To celebrate Earth Day 2008, check out National Geographic's Green Guide, and the "seven simple ideas for change." - SBS

FDA Traces Tainted Heparin In 11 Countries to China

Posted on April 22, 2008
The New York Times reports that the FDA has identified 12 Chinese companies that supplied contaminated heparin (an anti-coagulant) to 11 countries, including the United States. In addition, "federal officials said Monday they had discovered a clear link between the...

Crocs and Escalators

Posted on April 21, 2008
Crocs (the footwear, not the amphibians) have been in my life a lot lately. My son just got some knockoffs (Croc-offs?), the station we do the kids' music radio show on is doing a fashion makeover contest themed on them,...

Ten Half-Truths About Tort Law

Posted on April 21, 2008
John Goldberg (Vanderbilt) takes on what he sees as ten items of conventional wisdom about tort law that don't stand up to close scrutiny in this SSRN posting (to be published in Valparaiso Law Review). The ten: I. Tort is...

Eggen on Toxic Torts at Ground Zero

Posted on April 19, 2008
Jean Eggen (Widener) has posted Toxic Torts at Ground Zero on SSRN. After analyzing the legal and medical issues involved for the Ground Zero toxic claimants, Eggen concludes: [W]hile the tort system is the best mechanism for resolution of the...

The Limitations of Law in Mass Torts

Posted on April 19, 2008
Ed Lazarus has an interesting Writ column discussing the limitations of tort law in remedying wrongdoing, especially mass wrongdoing, framed with the recent decertification of the "light" cigarette class action. --BC

Crimtorts Podcast

Posted on April 18, 2008
Widener's Crimtorts Symposium podcast is now available here. The podcast is divided into three panels. The first, Introductory, panel consists of Tom Koenig (Northeastern-Sociology), Mike Rustad (Suffolk), and Ken Simons (Boston). The second, Applications, panel consists of Martha Chamallas (Ohio...

PA: Med Mal Claims Remain Lower Post-Reform

Posted on April 18, 2008
In 2003, Pennsylvania, via both the Pennsylvania Supreme Court and the legislature, instituted several medical malpractice reforms. The court prohibited venue shopping and required lawyers to file a certificate of merit for their cases. The legislature created a fund to...

Simons on Negligence and Cost-Benefit Analysis

Posted on April 17, 2008
Kenneth Simons (Boston) has posted Tort Negligence, Cost-Benefit Analysis and Tradeoffs: A Closer Look at the Controversy on SSRN. Here's the abstract: What is the proper role of cost-benefit analysis in understanding the tort concept of negligence or reasonable care?...

Plastic Risks

Posted on April 17, 2008
A U.S. government agency agreed yesterday that Bisphenol A (BPA), a compound in polycarbonate plastics, has potential danger. BPA is used in a gazillion products, including sippy cups and the like. Of note, a Google search for "BPA lawyer" comes...

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