TortsProf Blog

Editor: Christopher J. Robinette
Widener Commonwealth Law School

Friday, August 13, 2010

Stapleton on Causation and Asbestos Cancers

Jane Stapleton (Texas/ANU) has posted to SSRN Factual Causation and Asbestos Cancers.  The abstract provides:

This Note addresses recent English and Australian cases in which asbestos-exposed victims suffering from cancers which can be caused by asbestos (e.g. lung cancer, mesothelioma) attempt to prove factual causation to an individual source of asbestos fibre.


August 13, 2010 in Scholarship | Permalink | Comments (0) | TrackBack (0)

Thursday, August 12, 2010

Second Circuit Affirms Zyprexa Document Sanctions

Here's the opinion.  The Drug & Device Law Blog has some analysis. I posted about the case extensively and wrote an article addressing issues of document leaks for The Review of Litigation as well. 

As readers may recall, David Egilman was a plaintiffs' expert in the Zyprexa litigation and the courts concluded that he worked with Alaska attorney James Gottstein to make public documents designated as confidential under a protective order.  Dr. Egilman settled the potential contempt litigation with a donation to a charity and with an affidavit in which he acknowledged, under oath, violating the protective order, releasing documents selectively, and so on.  (The affidavit is here.)


August 12, 2010 in Experts & Science | Permalink | Comments (1) | TrackBack (0)

Thailand: Doctors' Opposition Stalls Malpractice Reform

Two weeks ago, I posted that Thailand was considering new med mal rules.  Now it appears that the bill has been stalled by opposition from health care providers.  Bloomsberg Businessweek has the story.


August 12, 2010 in Current Affairs, Legislation, Reforms, & Political News | Permalink | Comments (0) | TrackBack (0)

Wednesday, August 11, 2010

WI: Medical Fund Not a "Piggy Bank"

In 1975 a fund was created in Wisconsin to help stabilize increases in med mal insurance premiums.  The Wisconsin Supreme Court has ruled that using that fund as general revenue is an unconstitutional taking of property.  Health Care News has the story.


August 11, 2010 | Permalink | Comments (0) | TrackBack (0)

Tuesday, August 10, 2010

Indiana-Indianapolis Advertises a Torts Position

Andy Klein passes on that Indiana-Indianapolis is hiring.  The AALS ad follows:


INDIANA UNIVERSITY SCHOOL OF LAW-INDIANAPOLIS invites applications from entry-level and experienced candidates for tenure-track and tenured appointments beginning in the 2011-2012 academic year.  The law school seeks colleagues with distinguished academic records who are committed to excellence in teaching, scholarship, and service.  Our curricular needs include Torts, Criminal Law and Procedure, Evidence, Commercial Law, Conflict of Laws, Trusts and Estates and Tax.

Indiana University School of Law - Indianapolis also anticipates making a long-term contract clinical appointment for 2011-2012. Candidates with clinical teaching experience in the civil area and with at least five years of practice experience are encouraged to apply.  The appointment requires an Indiana law license or the ability to be licensed to practice law in Indiana upon appointment. It is possible that this appointment might include administrative duties with respect to experiential learning. 

We are strongly committed to achieving excellence through intellectual diversity and strongly encourage applications from persons of color, women, persons with disabilities, the LGBT community, and members of other groups that are under-represented on university faculties.  The law school is an Equal Opportunity/Affirmative Action Institution and offers domestic partner benefits. For more information about the school, visit  To apply, contact Professor María Pabón López, Chair, Faculty Recruitment Committee, Indiana University School of Law-Indianapolis, 530 West New York Street, Indianapolis, IN 46202-3225; (317) 278-8440;  Individuals who require a reasonable accommodation in order to participate in the application process must notify Professor López a reasonable time in advance.


August 10, 2010 in TortsProfs, TortsProfs Moves | Permalink | Comments (0) | TrackBack (0)

Monday, August 9, 2010

Reminder: Disability and Tort Law Proposals Due By August 31

Call for Papers
AALS Section on Disability Law

Disability and Tort Law

The Section on  Disability Law will hold a program during the January,
2011 AALS Annual Meeting in San Francisco, California, on Disability and
Tort Law.  Disability Law embraces many crucial Tort Law issues, such as
the measure of damages for incapacity and disfigurement, the
reasonable-person standard as applied to people with physical and mental
disabilities, duties of care relative to emotional and physical
injuries, the validity of wrongful life claims, and liability standards
for intentional infliction of emotional distress on people with
disabilities.  Disability Law scholars have made important contributions
to the development of the law on these questions, starting with Jacobus
tenBroek, whose path-breaking article, The Right to Live in the World:
The Disabled in the Law of Torts, 54 Cal. L. Rev. 841 (1966), was
published 45 years ago this year.  Due in no small part to the
intellectual groundwork of tenBroek and others, in the years since his
writing a worldwide disability rights movement has emerged, challenging
conventional assumptions about disability and the role of legal
institutions as they relate to disability.  As tenBroek realized,
disability rights ideas may entail reexamining the goals and operation
of tort law in general and in specific application.  This session asks
scholars chosen through a call for papers to discuss issues of
disability and tort law in an era of disability rights.

The Section on Disability Law seeks proposals for presentations on
disability and tort law for the AALS meeting in San Francisco January,
2011.  Proposals should include an abstract of 500 words or fewer, and
may be accompanied by a working draft if the proposer chooses.  The
section does not plan to publish the papers in a symposium, so
presenters are free to seek publication where they wish, though work
that will not be published before January 2011 will be strongly

Deadline for submission is August 31, 2010.  Please email proposals to
Mark Weber at  Selections will be made by late
September by the Executive Committee of the Section.  Pursuant to AALS
policy, presenters will have to cover their own travel expenses and
registration fee for the annual meeting, and the Section is prohibited
from reimbursing such expenses.  Under AALS rules, only faculty members
of AALS member and fee-paid law schools are eligible to submit
proposals.  Foreign, visiting and adjunct faculty members, graduate
students, fellows and non-law school faculty are not eligible to submit.

Questions should be directed to Mark Weber, 312-362-8808,


August 9, 2010 in Conferences | Permalink | Comments (0) | TrackBack (0)