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Personal Injury Law

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

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New Congressional Civil Justice Caucus Pushes Legal Reform Issues

Posted on February 21, 2011
From the Blog of the Legal Times: Conservative lawmakers are organizing in a more formal way to promote an array of changes to the civil justice system, including proposals related to medical malpractice reform, venue and federal pleading standards. Six...


Personal Injury Roundup No. 94 (2/18/11)

Posted on February 18, 2011
Sorry for the break last week, but we're back. And I'm off to run the Austin Half Marathon on Sunday. Think good thoughts! New Cases Suit brought against Disney for burn from nacho cheese. (TortsProf) Appeals $42M verdict against fen-phen...


Punitives Cap in South Carolina

Posted on February 17, 2011
The South Carolina House of Representatives overwhelmingly voted to cap punitive damages at three times compensatory damages, with a maximum award of $350,000. The legislation also restricts the state attorney general's abillity to use outside counsel, and the fees allowed...


Homeless Shelter Sued for Wrongful Death

Posted on February 17, 2011
Via Overlawyered comes a story about a suit against a St. Louis church being sued by the family of a 21-year-old who, while a client of a homeless shelter, was stabbed to death by another client. [The plaintiff] alleges in...


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Cyberbullying as IIED Claim?

Posted on February 16, 2011
New York Law Journal has an interesting article by Andrew S. Kaufam and Betsy D. Baydala, both of Kaufman Borgeest & Ryan in NYC. The article analyzes the viability of a claim for intentional infliction of emotional distress based on...


Tuesdays with Torts Masters: David Robertson

Posted on February 15, 2011
David W. Robertson is the W. Page Keeton Chair in Tort Law and University Distinguished Professor at the University of Texas at Austin. He is the author of the classic Admiralty and Federalism (Foundation, 1970), co-author of Cases and Materials...


Guest Blogger Kyle Graham: "The Heartbalm Torts and the Legal Elite, Circa 1935"

Posted on February 14, 2011
Each fall, I begin my Torts course with Fitch v. Valentine, a recent case in which a divided Mississippi Supreme Court narrowly granted a reprieve to the endangered ?heartbalm tort? of alienation of affections. In making the arguments for and...


Monday's Guest Blogger: Kyle Graham

Posted on February 11, 2011
Kyle Graham is Assistant Professor of Law at Santa Clara Law. Prior to joining the Santa Clara Law faculty in 2009, he worked as deputy district attorney in Mono County, California. Other previous appointments include working as a staff attorney...


New Blog on Law & Bioscience

Posted on February 10, 2011
Nita A. Farahany (Vanderbilt) recently started a new blog of possible interest. Her description: The Law and Biosciences Daily Digest provides relevant summaries of legal opinions (civil and criminal) in which cognitive neuroscience or behavioral genetics evidence has been introduced...


Accleration Problems Not Due to Electronics, Per Panel

Posted on February 10, 2011
Confirming what has been suggested by some observers for quite a while, federal highway safety officials concluded that the unintended acceleration cases were not caused by any electronic flaws in Toyota vehicles, instead suggesting driver error (and, in some cases,...


Lawsuit Over Death on Study Abroad Program

Posted on February 10, 2011
My local paper has been a more consistent source of material than usual lately, this week discussing (may be behind a paywall soon) a lawsuit brought against a local entity, the Center for International Study, by a family whose son...


Hot Nacho Suit Against Disney

Posted on February 10, 2011
In March 2010, a California family visited Walt Disney World in Orlando, Florida, with their four-year-old son Isaiah. While there, they bought some nachos as a snack. Those nachos "were spilled" on Isaiah, who suffered burns. They've now sued Disney...


Stapleton on Causation

Posted on February 09, 2011
Jane Stapleton (ANU/Texas) has posted to SSRN Factual Causation. The abstract provides: The doctrinal parameters of the tort of negligence are remarkably open-textured which is why it has typically been in negligence cases that foundational formulations of factual causation have...


Tuesdays with Torts Masters: Robert Rabin

Posted on February 08, 2011
An expert on torts and legislative compensation schemes, Robert Rabin is highly regarded for his extensive knowledge of the history and institutional dynamics of accident law. He is a prolific author on issues relating to the functions of the tort...


Brickman's "Lawyer Barons"

Posted on February 07, 2011
Lawyer Barons: What Their Contingency Fees Really Cost America by Professor Lester Brickman (Cardozo) has hit the shelves. From the publisher: This book is a broad and deep inquiry into how contingency fees distort our civil justice system, influence our...


Personal Injury Roundup No. 93 (2/4/11)

Posted on February 04, 2011
Appeals NY: Court affirms $3M for 11 months of pre-death pain and suffering in med mal case. (Hochfelder/New York Injury Cases Blog) Virginia AG Cuccinelli will request expedited review of the health care constitutionality dispute straight to the USSC...


Historians as Experts: A Plea for Help

Posted on February 03, 2011
I've written, both here and in more formal settings, a bit about historians serving as expert witnesses in litigation -- mostly in the setting of toxic torts. This year, I'm starting a long-term project examining the broader role of historians...


Top 10 Recent Torts & Products Liability SSRN Downloads

Posted on February 02, 2011
RECENT HITS (for all papers announced in the last 60 days) TOP 10 Papers for Journal of Torts & Products Liability Law eJournal December 4, 2010 to February 2, 2011 Rank Downloads Paper Title 1 417 Choice of Law in...


Top 10 Recent Torts & Products Liability SSRN Downloads

Posted on February 02, 2011
RECENT HITS (for all papers announced in the last 60 days) TOP 10 Papers for Journal of Torts & Products Liability Law eJournal December 4, 2010 to February 2, 2011 Rank Downloads Paper Title 1 417 Choice of Law in...


Tuesdays with Torts Masters: Victor Schwartz

Posted on February 01, 2011
Victor E. Schwartz chairs the Public Policy Group at Shook, Hardy & Bacon. He co-authors the nation?s leading torts casebook, Prosser, Wade & Schwartz?s Torts (11th ed. 2005), and authors Comparative Negligence, the principal text on the subject. Victor is...


Is the Affordable Care Act Unconstitutional?

Posted on January 31, 2011
At Friday's Healthcare Law in the Federal Courts symposium organized by the Federal Courts Law Review at the Charleston School of Law, Professor James Ely (Vanderbilt) and Professor Brian Galle (Boston College) debated whether the mandate that each individual must...


Rabin on Toxic Torts

Posted on January 29, 2011
Robert Rabin (Stanford) has posted to SSRN Harms from Exposure to Toxic Substances: The Limits of Liability Law. The abstract provides: In the early 1980s, there was great optimism about the prospects for a dawning era of toxic harms litigation,...


Personal Injury Roundup No. 92 (1/28/11)

Posted on January 28, 2011
New Suits Parents of a California woman killed in a gas line explosion filed suit against the pipe owner for negligence and wrongful death. (Huff Post) Madoff victims sued the SEC for negligence. (Detroit News) Appeals Ninth Circuit finds state...


Kucinich Suing Over Olive Pit

Posted on January 27, 2011
Per Gawker, Rep. Dennis Kucinich is suing the companies that supply and operate the House of Representatives cafeteria for damages caused by the presence of an olive pit in a wrap he purchased about three years ago. --BC


New Caps in Wisconsin

Posted on January 27, 2011
As mentioned in last week's roundup, Wisconsin's governor on Friday signed sweeping civil litigation changes into law, including a cap on punitive damages, on noneconomic damages in suits against nursing homes, and significant hurdles for punitive damages...


State of the Union & Tort Law

Posted on January 27, 2011
In the State of the Union address Tuesday night, President Obama indicated a willingness to work with Republicans in considering medical malpractice reforms to eliminate what he described as "frivolous" suits. You can see some of the various coverage of...


Hylton on Preemption

Posted on January 26, 2011
Keith Hylton (Boston University) has posted to SSRN An Economic Perspective on Preemption. The abstract provides: This paper has two goals. The first is to present an economic theory of preemption as a choice among regulatory regimes. The optimal regime...


Masters of Tort Law Series

Posted on January 25, 2011
As we mentioned back in November, we are introducing a new feature at TortsProf in conjunction with the AALS Torts & Compensation Section, chaired by Mike Rustad (Suffolk). Many of you may be familiar with Mitch Albom's popular book, Tuesdays...


Healthcare Law Briefing Schedule

Posted on January 24, 2011
If you are following the challenges to the Patient Protection and Affordable Care Act (as I am for the upcoming symposium here in Charleston on Friday), the Fourth Circuit has set the briefing schedule in Sebelius v. Virginia. (The other...


Civil Recourse Symposium

Posted on January 22, 2011
Florida State is hosting a symposium on John Goldberg and Ben Zipursky's civil recourse theory on February 11 and 12, 2011. The lineup includes torts scholars Jules Coleman, Arthur Ripstein, Ernest Weinrib, Heidi Hurd, Jason Solomon, Tony Sebok, John Gardner,...


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