November 19, 2010
A Brief Overview of Alienation of Affections
...is available here.
November 18, 2010
How Will Scientific Advances Affect Toxic Tort Litigation?
LegalNewsline focuses on how toxicogenomics--the study of the relationship among the cell's genome, chemicals in the environment, and disease--will play out in toxic tort litigation, especially on proof of causation. Among other issues, the article discusses whether toxicogenomics will favor plaintiffs or defendants as a class. Andy Klein (Indiana-Indianapolis) and Steve Gold (Rutgers) are quoted.
November 17, 2010
Escargot Explodes, Diners Sue
A Marin County, CA seafood restaurant has been sued in small claims court over an allegedly exploding escargot that sprayed diners' faces and polo shirts with hot garlic butter. The diners claim suit could have been avoided with an apology. The owner of the restaurant asserts that the plaintiffs made up the story.
USA Today has the story.
November 16, 2010
Assumption of the Risk & Golf - Possible Exam Hypo
Here's a possible exam hypo: Golfer hits a poor shot from the rough and the ball hits his partner, who is standing off to the side out of the intended line of flight, in the head. Can the injured golfer sue for negligence? A New York trial court ruled "no" holding that the injured golfer assumed the risk, and the appellate court affirmed holding that the injured golfer was not in the "foreseeable zone of danger." The New York Court of Appeals will hear oral arguments today.
More from the Wall Street Journal Law Blog.
November 15, 2010
ABA Essay Contest on Legal Malpractice
From Legal Ethics Forum comes word of an ABA essay contest open to students and ABA Young Lawyer Division members. The question posed is "whether a party who has engaged in fraud (or that party’s successor) has standing to sue a lawyer based on conduct relating to the fraud itself, or if such a claim is barred by the doctrine of in pari delicto."
The full hypo is available here. The winner receives a $5,000 prize and an all expense paid trip to the Spring 2011 National Legal Malpractice Conference in Boston in April 2011.