TortsProf Blog

Editor: Christopher J. Robinette
Widener Commonwealth Law School

Tuesday, July 24, 2007

Fundraiser for DC Pants Suit Defendants

The U.S. Chamber Institute for Legal Reform and the American Tort Reform Association are hosting a fundraiser to raise money to cover the legal fees incurred by the owners of Custom Cleaners - the defendants in the infamous DC Pants Suit.  The event is being held today from 6:00-7:30 p.m. at the U.S. Chamber of Commerce at 1615 H. Street N.W. in Washington, D.C.  Space for the event is limited and you can register here.


July 24, 2007 in Conferences | Permalink | Comments (0) | TrackBack (0)

Monday, July 23, 2007

Bizarro Bifurcation

In a reversal of trial order that puts me in a Seinfeld mood, the plaintiffs in a roof-collapse case have been awarded $1.2 million in damages (see also Theme Law).  Edit: It occurs to me that a better reference is, of course, Alice in Wonderland and its "Sentence first -- verdict afterwards!" line.  Not sure what it says about me that I thought of a Seinfeld episode first, but so it goes.

Kind of.

The case resulted from the 2002 death of a woman visiting Kennywood amusement park in Pittsburgh (a park, incidentally, we visited on our honeymoon).  A very large storm arose incredibly quickly, and the roof over the Whip ride collapsed on those who had sought shelter under it.  Various injured parties alleged negligent design, maintenance, etc.; most of the claims settled, but the fatality claim did not.

In what I assume was an effort to set damages to facilitate settlement (or is there some other reason I don't see?), the case was reverse bifurcated, with damages being evaluated first.  The jury concluded (and the defendant seems content to accept) that the damages were $1.2 million.  But of course, there's no guarantee that they'll get any, since liability comes next (making the Post Gazette's headline -- "Victim's family awarded $1.2 million in roof collapse" -- a bit inaccurate).

And now the parties are turning to liability, with the plaintiffs' counsel alleging that the building was not built to code, and Kennywood arguing that, given the extent of the damages around the area, the park is not at fault.


July 23, 2007 in Current Affairs | Permalink | Comments (0) | TrackBack (0)

FDA Panel to Discuss Anti-Anemia Drugs

As reported in the WSJ online, the FDA has scheduled a joint meeting of its Cardiovascular and Renal Drugs Advisory Committee and the Drug Safety and Risk Management Advisory Committee for September 11th "to discuss 'updated information on the risks and benefits' of Aranesp, Epogen and Procrit when used in the treatment of anemia in patients with kidney failure."  The Wall Street Journal reports:

"The FDA is concerned the drugs could promote tumor progression in some patients as well as cut down on overall survival. Most of the studies showing such problems involve the drugs being used at higher-than-recommended doses."


July 23, 2007 in Legislation, Reforms, & Political News | Permalink | Comments (0) | TrackBack (0)

Senate Hearing on Tobacco Bill Postponed to This Week

The U.S. Senate Committee on Health, Education, Labor and Pensions postponed consideration of S. 625 to this coming Wednesday, July 25th.  As previously mentioned here, this bill would give the FDA the authority to regulate tobacco. 



July 23, 2007 in Legislation, Reforms, & Political News | Permalink | Comments (0) | TrackBack (0)

Sunday, July 22, 2007

Michael Vick: Memories...

In light of the indictment of Michael Vick on charges related to dogfighting, it's a good time to go back a couple of years to remember the innocent times (relatively speaking, you understand) of 2005, when he was just being sued for negligence and battery.  In the suit, Sonya Elliot, then 26, alleged that Michael Vick (using the eternal pseudonym "Ron Mexico") transmitted herpes to her, failing to disclose his status.

The case settled in April 2006.


July 22, 2007 in Current Affairs | Permalink | Comments (0) | TrackBack (0)