TortsProf Blog

Editor: Christopher J. Robinette
Widener Commonwealth Law School

Friday, May 18, 2012

Congratulations Class of 2012!

I wanted to take a moment to wish all the best to the Charleston School of Law Class of 2012!  One of the hallmarks of our students is their dedication to pro bono.  The Class of 2012 contributed 24,557 hours of pro bono service to the local community.





May 18, 2012 in Current Affairs | Permalink | Comments (0) | TrackBack (0)

Thursday, May 17, 2012

NH: Early Offers Bill Approved by House; Goes to Conference Committee

Last week, the House version was amended.  Under the Senate bill, if the claimant requested an early offer and then declined it, the claimant would have to prove gross negligence to a clear and convincing standard.  In the House version, if the claimant requested an offer and then declined it, the claimant would have to pay the health care provider's attorney's fees if the claimant lost or recovered approximately the same amount of money that was in the early offer.  Both bills passed with veto-proof majorities.  The Concord Monitor has the story here (scroll down past the first section on sealed bids).


May 17, 2012 in Current Affairs, Legislation, Reforms, & Political News | Permalink | Comments (0) | TrackBack (0)

Magliocca on the NFL Concussion Suit

Over at CoOp, Gerard Magliocca examines the suit against the NFL.


May 17, 2012 in Current Affairs, Sports | Permalink | Comments (0) | TrackBack (0)

Wednesday, May 16, 2012

Malicious Prosecution and Insurance Coverage

The Eighth Circuit recently considered when the tort of malicious prosecution occurs regarding personal injury coverage in a general liability policy.  In construing Iowa law, the court followed the majority rule that the tort occurs when the case was prosecuted, not at the time any convictions are overturned.  At J.D. Supra, the law firm of Traub Lieberman Strauss & Shrewsberry LLP comments:

In reaching its decision, the court considered and rejected the insured’s argument that the Genesis policies were triggered based on allegations of “continuing misconduct and continuing personal injury” through the time underlying plaintiffs were released from prison.  The court refuted the contention that “the tort of malicious prosecution constitutes a continuing injury,” and concluded instead that a claim for malicious prosecution does not trigger multiple policies, but instead triggers only the policy in effect at the time the charges are filed.
The case is Genesis Ins. Co. v. City of Council Bluffs, et al., 2012 U.S. App. LEXIS 9577 (8th Cir. May 11, 2012); the full column at J.D. Supra is here.

May 16, 2012 in Current Affairs | Permalink | Comments (0) | TrackBack (0)

Tuesday, May 15, 2012

Gerber Probiotic Suits Consolidated in NJ

U.S. District Judge Jose Linares (NJ) consolidated five separate putative class actions against Gerber last week.  The suits allege that Gerber misrepresented the benefits of its probiotic baby food.  New Jersey Law Journal has more behind a free registration wall.

- SBS 

May 15, 2012 in Current Affairs, MDLs and Class Actions | Permalink | Comments (0) | TrackBack (0)

Monday, May 14, 2012

Philadelphia Duck Boat Suit Settles

In July 2010, a tugboat ran over one of those tourist "duck boats" that show the Delaware river sights to visitors in Philadelphia.  The Legal Intelligencer reports that the defendant boat operators have now settled the resulting law suits.  According to the Legal, the families of the two deceased victims will receive a $15 million settlement, while the remaining 18 passengners will split $2 million.

The Legal has more behind a free registration wall.


May 14, 2012 in Current Affairs | Permalink | Comments (0) | TrackBack (0)