Saturday, April 20, 2013
Journal of European Tort Law, vol 4 issue 1 (2013) (available here)
Duncan Fairgrieve, Geraint Howells and Marcus Pilgerstorfer ‘The Product Liability Directive: Time to get Soft?’ (2013) 4 JETL 1
Hugo A Acciarri and Nuno Garoupa ‘On the Judicial Interest Rate: Towards a Law and Economic Theory’ (2013) 4 JETL 34
Paula Giliker ’Tony Weir and the Law of Tort (2013) 4 JETL 63
Philippe Brun and Christophe Quézel-Ambrunaz ‘French Tort Law Facing Reform’ (2013) 4 JETL 78
Ina Ebert ‘Lotte Meurkens/Emily Nordin (eds), The Power of Punitive Damages. Is Europe Missing Out?’ (2013) 4 JETL 95
Daniel Gardner ‘Jacques De Mol, Le dommage psychique – Du traumatisme à l’expertise’ (2013) 4 JETL 98
Piotr Machnikowski ‘Pekka Aalto, Public Liability in EU Law: Brasserie, Bergaderm and Beyond’ (2013) 4 JETL 101
Ulrich Magnus ’Marten Breuer, Staatshaftung für judikatives Unrecht. Eine Untersuchung zum deutschen Recht, zum Europa- und Völkerrecht’ (2013) 4 JETL 106
Ugo Mattei ’M Infantino, La causalità nel diritto della responsabilità extracontrattuale. Studio di diritto comparato’ (2013) 4 JETL 110
Andrew Tettenborn ’B Winiger/H Koziol/B Koch/R Zimmermann (eds), Digest of European Tort Law, Vol 2: Essential Cases on Damage’ (2013) 4 JETL 113
Thanks to Ken Oliphant for the tip.
Friday, April 19, 2013
John Hochfelder: "Recovering Millions of Dollars in Damages for Pain and Suffering in New York Traumatic Injury Lawsuits – Too Much? Runaway Justice?"
We often hear in New York complaints that it’s too easy to recover too much money in tort suits. We hear of fraudulent claims, trumped up lawsuits, overly generous juries and the like, all of which can result in a civil justice system that rewards unworthy claimants with pain and suffering awards way out of proportion to their actual injuries. In this article, we take a look at a representative sampling of recent cases that have yielded large recoveries and leave it to you, the reader, to decide whether justice has been done.
Generally, the amount of damages awarded for personal injuries is a question for the jury. In New York, the judgment of a jury is entitled to great deference; however, where the verdict amount is thought to be excessive or inadequate, a party may appeal under CPLR 5501.
Under the statute, the appellate court determines that an award is excessive or inadequate if it deviates materially from what would be reasonable compensation. In doing so, the courts are required to review other cases with the same or similar injuries to determine the amount that is “reasonable compensation” in the State of New York.
The figures one reads about in newspapers are usually verdict amounts. Appellate resolutions usually take a year or two and are mostly under-reported in the press.
So let’s take a look at several appellate court cases in New York to see what amounts are approved for pain and suffering damages for various types of injuries:
Thursday, April 18, 2013
John M. Hochfelder is a traumatic injury trial lawyer in the New York City metropolitan area and Hudson Valley region. His career began as a law clerk to a federal judge in the U.S. District Court (S.D.N.Y.) after which he was a commercial litigator in a large Manhattan law firm. He's been a local court judge, an EMT and now, in addition to his personal injury law practice he publishes the widely read and acclaimed New York Injury Cases Blog where Mr. Hochfelder reports on and analyzes all New York appellate cases that rule on damages.
Wednesday, April 17, 2013
From Tony Sebok:
Greetings! In my capacity as secretary of the AALS Torts & Compensation Systems section, I am writing to pass along two important notices.
1. Torts and Compensation Section Newsletter
As most of you know, our section publishes a newsletter each fall listing: (1) Symposia related to tort law; (2) recent law review articles on tort law; (3) selected articles from Commonwealth countries on tort law; and (4) books relating to tort law. We are now beginning the process of compiling material for this year's newsletter. If you know of anything that should be included, please forward relevant citations and other information to me at firstname.lastname@example.org. The deadline for inclusion is September 1, 2013.
2. Prosser Award
This is the first call for nominations for the 2014 William L. Prosser Award. The award "recognize[s] outstanding contributions of law teachers in scholarship, teaching and service in ... torts and compensation systems ... ." Recent recipients are Jane Stapleton, Robert Rabin, Richard Posner, Guido Calabresi, Oscar Gray, and Dan Dobbs. Past recipients include scholars such as Leon Green, Wex Malone, and John Wade.
Any law professor is eligible to nominate another law professor for the award. Nominators can renew past nominations by resubmitting materials. Selection of the recipient will be made by members of the Executive Committee of the Torts & Compensation Systems section, based on the recommendation of a special selection committee. The announcement of the award will be made at the annual AALS meeting in January, 2014.
Nominations must be accompanied by a brief supporting statement and should be submitted no later than July 9, 2013. E-mail submissions to email@example.com are preferred. If you would rather mail hard copies of nomination materials, please use the address in the signature line below.
Our committee will send additional reminders about both the newsletter and the Prosser Award as the deadlines approach. In the meantime, feel free to contact me if you have any questions.
Tuesday, April 16, 2013
Keith Hylton (Boston University) reviews Laposata, Barnes, & Glantz's Tobacco Industry Influence on the American Law Institute's Restatements of Torts and Implications for Its Conflicts of Interest Policies over at JOTWELL.