Saturday, November 29, 2008
Ellen Bublick (Arizona) has announced the Torts and Compensation Section's panel presentation for the 2009 AALS Annual Meeting in San Diego. The panel will be held on Friday, January 9th at 10:30 a.m. A list of presenters is here. A description of the program:
Injury is a universal problem. In recent years, U.S. Tort law scholars have learned much about European Tort law. This panel, which includes Tort scholars from Canada, Ghana, Israel, Japan, Singapore, and the United States, explores foreign Tort law outside Europe. Papers, which will be published in the ARIZONA JOURNAL OF INTERNATIONAL AND COMPARATIVE LAW, address situations in which tort law not only reflects shared cultural norms but also plays an important role in mediating cultural tensions. Several papers also focus on the importance of redressing dignitary and emotional harms in foreign jurisdictions.
Friday, November 28, 2008
John Goldberg (Harvard) has responded to Judging Plaintiffs by Jason Solomon (Georgia) in Vanderbilt Law Review En Banc. Here is the abstract:
Jason Solomon’s very interesting Article Judging Plaintiffs argues that neither efficient-deterrence theories nor corrective justice theories adequately explain the existence of rules that bar or limit recovery by a tort victim on the ground that she failed to take certain pre-tort steps to protect herself from harm, or failed to take certain post-tort steps in response to the harm. The vitality of these “judging plaintiffs” doctrines, he maintains, attests to the superiority of an alternative theory of tort known as civil recourse theory. According to Solomon, recourse theory treats tort law as one component of a liberal political order and thus explains these doctrines in terms of a liberal principle calling for state nonintervention where it was or is unnecessary. In this Response, I situate Judging Plaintiffs within current tort theory debates, describe briefly its major claims, and discuss some of the doctrinal and theoretical strengths and weaknesses of the position it stakes out.
Thursday, November 27, 2008
Wednesday, November 26, 2008
A San Francisco jury heard closing arguments yesterday in an Alien Tort Claims Act case against Chevron. The suit alleges that Chevron aided and abbetted the deaths of two Nigerians who were protesting Chevron's oil production in Nigeria.
One World UK has more.
Tuesday, November 25, 2008
Lloyd's of London has issued its latest report "Litigation and Business: Transatlantic Trends" (pdf). In this report, Lloyd's predicts that class action litigation will grow in Europe, and notes that Portugal, the Netherlands, Spain and Sweden already have mass litigation mechanisms in place. Lloyd's further warns of increased forum shopping within the EU, as well as third-party funding of litigation.
Business Insurance News has more coverage of the Lloyd's report.
(Via Securities Docket)
In his latest Findlaw column, Tony Sebok examines President-elect Obama's impact on tort law and the civil litigation system generally. Sebok predicts "very few changes" and "few rollbacks" of tort reforms accomplished during the Bush Administration. In support of this conclusion, Sebok notes that Obama voted in favor of caps on non-economic damages in med mal cases when he was in the Illinois legislature, and also points to Obama's support of an ADR method for med mal claims that he tried to enact in 2006. In short, Sebok believes that "President Obama would sign a federal 'anti'-preemption bill or a federal ban on the waiver of a consumer's right to participate in class actions" if presented to him by Congress, but that Obama will not "take the lead on these issues."
Monday, November 24, 2008
As I noted last week, Six Flags settled with the Lasitter family regarding their daughter's injuries. As of the initial reports, it was not clear whether the park chain had settled its suit against Intamin, the ride's manufacturer; InsuranceJournal.com reports that it did settle that suit as well.
Still pending, I believe, are the suits by other riders who allege less severe injuries than the horrific ones suffered by Ms. Lasitter.
An activist and founder of the National Vaccine Information Center, Barbara Loe Fisher, thinks so, as she said in a recent speech to the Advisory Commission on Childhood Vaccines. She contends that the no-fault approach has still precluded recovery for too many parents and children, and suggests that, perhaps, a return to regular tort suits would be better.