TortsProf Blog

Editor: Christopher J. Robinette
Widener Commonwealth Law School

Friday, October 19, 2012

McClurg's "Spot the Tort" Contest

Andrew McClurg (Memphis/LawHaHa) is sponsoring a "Spot the Tort" contest for his 1Ls.  The entries are here.  Enjoy a tort-related laugh to start the weekend!


October 19, 2012 in Games, Weblogs | Permalink | Comments (0) | TrackBack (0)

Thursday, October 18, 2012

AALS Torts & Compensation Systems Section Newsletter available here:  Download A_Roundup_of_Torts_Scholarship_Development_&_News_2012.

Congratulations to Jane Stapleton, the 2013 recipient of the Prosser Award!

Kudos to Andy Klein for his work on the newsletter.


October 18, 2012 | Permalink | Comments (0) | TrackBack (0)

Wednesday, October 17, 2012

JETL: Cultures of Tort Law in Europe

The latest issue of the Journal of European Tort Law is available.  An introduction by Ken Oliphant is available for free download here.  The table of contents follows:  


Edited by Ken Oliphant


Ken Oliphant ‘Cultures of Tort Law in Europe’ 147 

Jean-Sébastien Borghetti ‘The Culture of Tort Law in France’ 158

Jörg Fedtke ‘The Culture of German Tort Law’ 183 

Håkan Andersson ‘The Tort Law Culture(s) of Scandinavia’ 210 

Richard Lewis and Annette Morris ‘Tort Law Culture in the United Kingdom: Image and Reality in Personal Injury Compensation’ 230

Book Reviews: 

Vibe Ulfbeck/John Murphy/Christian Katzenmeier/Ina Ebert/Katarzyna Ludwichowska-Redo/Ernst A Kramer

Comparative Studies in the Development of the Law of Torts in Europe (edited by John Bell and David Ibbetson), Vols 1–6 265


October 17, 2012 in Scholarship | Permalink | Comments (0) | TrackBack (0)

Tuesday, October 16, 2012

Shepherd on "Justice in Crisis: Victim Access to the American Medical Liability System"

Joanna Shepherd (Emory) has posted "Justice in Crisis: Victim Access to the American Medical Liability System" to SSRN.  The abstact provides:

An often overlooked problem with the current medical malpractice system is the vast number of medical errors that go uncompensated. Although studies indicate that one percent of hospital patients are victims of medical negligence, fewer than two percent of these injured patients file claims. In this Article, I explain that many victims of medical malpractice do not file claims because they are unable to find attorneys willing to take their cases. I conduct the first national survey of attorneys that explores medical malpractice victims’ access to the civil justice system. The results from the survey indicate that the economic reality of litigation forces many medical malpractice attorneys to reject legitimate cases. In fact, over 75 percent of the attorneys in my survey indicate that they reject more than 90 percent of the cases that they screen. The attorneys indicate that insufficient damages and high litigation expenses are their primary reasons for rejecting cases and that several tort reforms have reduced their willingness to accept cases. Moreover, the majority of the attorneys respond that they have threshold damage values, below which they will not consider accepting a case. In fact, over half of the attorneys responded that, even for a case they are almost certain to win on the merits, they will not accept the case unless expected damages are at least $250,000. For a case that they are only slightly likely to win, the vast majority of attorneys require minimum expected damages of $500,000 to accept the case. Because of the high cost of medical malpractice litigation, plaintiffs’ attorneys simply cannot economically justify taking cases with damages below these thresholds. As a result, many legitimate victims of medical malpractice are left with no legal representation and no meaningful access to the civil justice system.   


October 16, 2012 in Scholarship | Permalink | Comments (2) | TrackBack (0)

Monday, October 15, 2012

HarrisMartin Mass Torts Conference

HarrisMartin Publishing is sponsoring a Mass Tort Litigation Conference in March 2013 in New York City.  The agenda and faculty are not yet available, but the Hon. Marina Corodemus (ret.) will be speaking.


October 15, 2012 in Conferences | Permalink | Comments (0) | TrackBack (0)