Friday, December 12, 2008
As I sit amid the bluebooks, here's what's new in torts...
Reform, Legislation, Policy
- New Trucking Regulations Aim to Increase Safety (Day on Torts)
- Is CAFA Unconstitutional in Some Applications? Mark Moller (DePaul) says yes (Wolfman/Consumer Law & Policy Blog, Solum/Legal Theory Blog, Olson/Point of Law)
- Failure to Clearly Define "Serious Injury" Blamed for Problems in NY's No-Fault Law (Turkewitz)
- Arizona Legislator to Re-introduce Bill to Raise the Burden of Proof for Negligence in Emergency Rooms (AZCentral.com) (I commented on this bill in a post last year)
- Woman Falls on Uneven Sidewalk, Sues Nez Perce County in Idaho (Lewiston Tribune)
- A Los Angeles Federal Judge Ruled that Offering Safer Replacements After a Recall Does Not Shield Retailers from a Class Action (San Francisco Chronicle via Tort Deform)
Trials, Settlements & Other Ends
- Dunkin' Donuts Owner Argues that Online Forum Host Must Reveal Identities of Those Posting Allegedly Defamatory Remarks about His Restaurant (Olson/Overlawyered)
- Illinois Supreme Court Excludes Settling Defendants From Jury's Allocation of Responsibility When Case Goes to Trial Against Remaining Defendants (Opinion [pdf])
- Maryland Decides Snow and Ice Slip and Fall Case Based on Assumption of Risk; Extensive Coverage from Ron Miller at The Maryland Injury Lawyer Blog
- Stier on Freedom and Menthol Cigarettes (Mass Tort Lit Blog)
- New Hampshire Suspends Jury Trials and Leaves Judgeships Vacant (ABA Journal, Turkewitz)
- Products Liability Prof has a helpful post entitled "Recent Developments in Safety Law For Foreign-Sourced Products"
Thanks to Bill and Mark Weber for material this week.