TortsProf Blog

Ripstein on Civil Recourse Theory and Corrective Justice

Arthur Ripstein (Toronto) has posted to SSRN Civil Recourse and Separation of Rights and Remedies, his contribution to the Florida State civil recourse symposium.  The abstract provides:

In developing their Civil Recourse theory of tort law, John Goldberg and Benjamin Zipursky seek to separate Civil Recourse from Corrective Justice by showing that tort law does not work in the ways in which corrective justice theory says that it must. The strategy of separation, in turn, rests on a separation between wrongs and remedies, a separation between ideas of risk and ideas of ordinariness, a separation between abstract characterizations of rights and contingent social norms, and, finally, a separation between a wrong done against the plaintiff and her power to exact a remedy. I argue that none of these separations can be made.

--CJR

Sheila Guesting at the Faculty Lounge

Hey look, Sheila is also blogging as a guest at the Faculty Lounge!

--BC

Battery, Assault, Or Just A Request for Courtesy?

The element of intent in battery, assault, and other intentional torts is one of the trickier concepts to teach. 

Now, via the Facebook page for the finest theaters in the land, Alamo Drafthouse, comes the story of Dale Fout and Brenda Godwin, who were both at a Dallas area theater (not the Alamo).Fout received a text and looked at it during the movie.  Godwin, annoyed, tapped him on the shoulder and asked him to put it away.  Fout responded...strongly, we'll say, telling her never to touch him and calling the police who, at his request, issued a citation for assault. 

While you contemplate whether the facts would support a civil claim for battery, enjoy the Alamo's outstanding (if not for kids) presentation of a voicemail it received from a woman who was kicked out for texting during a movie:

 

 

--BC

PA: Bill to Require Dentists to Carry Malpractice Insurance

Sen. Pat Vance has introduced a bill requiring dentists to carry $3M in malpractice insurance (at a cost of about $2,400 a year).  The bill unanimously passed the state Senate.  It has not yet been taken up in the state House.  Pennlive has the story.

--CJR

South Carolina Punitive Damages Legislation Signed

Details here.  The law has a semi-flexible cap on punitive damages, with $500,000 or three times actual damages as the default, but with a safety valve provision to raise the cap to $2 million in certain situations.  Proponents argued that the legislation will increase businesses' desire to locate in the state.

--BC

Yaz MDL Case Management Order

Mass Tort Defense notes that the New Jersey state court has issued its case management order for the first bell wether trials in the Yaz MDL.

- SBS