TortsProf Blog

Jeffrey O'Connell Retires from Teaching

Legislatures are still debating his ideas, but long-time UVa law professor Jeffrey O'Connell has retired from teaching.  I had the pleasure of having his Torts class in the fall of 1993.  He was truly a virtuoso classroom teacher.  Mary Wood has written a wonderful retrospective post for the UVa Law website.

--CJR

All Time Top SSRN Torts & Products Liability Downloads

ALL TIME HITS (for all papers in SSRN eLibrary)
TOP 10 Papers for Journal of Torts & Products Liability Law eJournal
January 2, 1997 to May 10, 2012

Rank	Downloads	Paper Title
1	9449	Safe Storage Gun Laws: Accidental Deaths, Suicides, and Crime John R. Lott, John E. Whitley, University of Maryland Foundation, University of Maryland, University of Adelaide - School of Economics, Date posted to database: May 22, 2000 Last Revised: June 10, 2002
2	4438	The Cat in the Microwave? (Die Katze in der Mikrowelle?) Georg Wenglorz, Patrick S. Ryan, Independent, Google Inc., Date posted to database: January 3, 2004 Last Revised: January 29, 2004
3	3598	Less than Picture Perfect: The Legal Relationship between Photographers' Rights and Law Enforcement Morgan Leigh Manning, University of Tennessee, Knoxville, College of Law , Date posted to database: June 10, 2011 Last Revised: June 12, 2011
4	3553	Cognition and Cost-Benefit Analysis Cass R. Sunstein, Harvard University - Law School - Faculty, Date posted to database: October 14, 1999 Last Revised: November 14, 1999
5	3472	A Brief History of Information Privacy Law Daniel J. Solove, George Washington University Law School, Date posted to database: July 10, 2006 Last Revised: May 5, 2008
6	2395	Event Studies and the Law - Part I: Technique and Corporate Litigation Sanjai Bhagat, Roberta Romano, University of Colorado at Boulder - Department of Finance, Yale Law School, Date posted to database: May 1, 2001 Last Revised: January 16, 2002
7	2376	Economic Analysis of Law A. Mitchell Polinsky, Steven Shavell, Stanford Law School, Harvard Law School, Date posted to database: November 29, 2005 Last Revised: February 7, 2007
8	2167	Privacy's Other Path: Recovering the Law of Confidentiality Neil M. Richards, Daniel J. Solove, Washington University in Saint Louis - School of Law, George Washington University Law School, Date posted to database: March 13, 2007 Last Revised: May 5, 2008
9	2223	The Death of Causation: Mass Products Torts' Incomplete Incorporation of Social Welfare Principles Donald G. Gifford, University of Maryland - Francis King Carey School of Law, Date posted to database: April 25, 2006 Last Revised: December 22, 2008
10	2216	A Model Regime of Privacy Protection (Version 3.0) Daniel J. Solove, Chris Jay Hoofnagle, George Washington University Law School, University of California, Berkeley - School of Law, Berkeley Center for Law & Technology, Date posted to database: February 7, 2006 Last Revised: May 5, 2008

--CJR

PA: Med Mal Claims Level Off After 6 Years of Decline

Pennsylvania Courts Public Information Unit:  News for Immediate Release
May 7, 2012
[cid:image002.png@01CD2C69.47106F20]BROADCAST EDITORS NOTE: For audio actualities from Chief Justice Castille, click here<http://mfile.akamai.com/13313/mp3/pennsylvan1.download.akamai.com/13313/ChiefJusticeMedMal050712.asx>.
EDITORS NOTE: Click here<http://www.pacourts.us/NR/rdonlyres/D61439B9-FE2D-47FB-B750-E697F8A7AAB2/0/050712MedMalStatsNR.pdf> for graphic.

Medical Malpractice Data Levels Off
as Court Rules Yield Results

HARRISBURG—Chief Justice of Pennsylvania Ronald D. Castille today announced a leveling off in the number of medical malpractice case filings statewide after a six-year decline.

Although the figures released today for 2011 show a slight increase in the total number of lawsuits filed, there remains a 44.1 percent overall decline in filings for the latest reporting period from the statistical “base years” of 2000-2002. (See Table 1<http://www.pacourts.us/NR/rdonlyres/466B0CA3-96DF-4081-9A20-CFF26728D4D4/0/Table1MedMalCaseFilings200011.pdf>) In Philadelphia, the judicial district with the largest caseload, the decline exceeded 65 percent during the same period.

The base years are the period just prior to two significant rule changes made by the Supreme Court. The first change required attorneys to obtain from a medical professional a certificate of merit that establishes that the medical procedures in a case fall outside acceptable professional standards. A second change required medical malpractice actions to be brought only in the county where the cause of action takes place—a move aimed at eliminating so-called “venue shopping.”

The figures also show that 2011 had the fewest number of jury verdicts in comparison to earlier years. (See Table 2<http://www.pacourts.us/NR/rdonlyres/2690202A-18C2-4EF9-9F26-2A717E258AA8/0/Table2JuryVerdicts.pdf>) The same data also shows more than 70% of the jury verdicts were for the defense. The number of non-jury verdicts for 2011 remained in single digits for a sixth consecutive year. (See Table 3<http://www.pacourts.us/NR/rdonlyres/11189F90-AD14-4F34-BFDB-8B7800DDB4B5/0/Table3NonJuryVerdicts.pdf>)

“What we’re seeing is essentially a leveling off in what had been a growing decline in numbers that is not surprising,” Chief Justice of Pennsylvania Ronald D. Castille said. “Although the numbers are likely to show slight changes in the years ahead, the pattern suggests a solid footing for the systematic tracking and rule changes initiated and instituted a decade ago by the Supreme Court to address concern over medical malpractice litigation.”

--CJR

Dechert Loses Products Partner to Shook Hardy

Sean Wajert, who blogs at Mass Tort Defense, has joined Shook Hardy & Bacon as a partner in the D.C. office.  Previously, Wajert was a partner at Dechert in Philadelphia.

BLT has more.

- SBS

Judge Gives Preliminary Approval to $7.8B BP Settlement

Judge Barbier rejected numerous objections and gave preliminary approval to the BP Settlement last week. The settlement is estimated by BP to be worth $7.8 billion.  Notably, as part of the agreement, BP is going to pay the attorneys' fees and costs of the plaintiffs' steeting committee.  (Of course, plaintiffs remain responsibile for their own individual attorney's fees).   The Court Supervised Settlement Program is scheduled to begin June 4th.  Louisiana lawyer Patrick Juneau will be handling the economic damages payments, and the Garretson Resolution Group will be handling the medical claims.  

The National Law Journal has the full story behind a free registration wall.  Times-Picayune also has detailed coverage, as does the Financial Times.

- SBS