Friday, May 24, 2013
Howard Erichson and Ben Zipursky of Fordham recently chaired a symposium on "Lawyering for Groups." Participants included Beth Burch, Kristen Carpenter, Sam Issacharoff, Alexandra Lahav, Troy McKenzie, Nancy Moore, and Eli Wald. The papers are available at Mass Tort Lit Blog.
Wednesday, May 22, 2013
Tuesday, May 21, 2013
A divided Connecticut Supreme Court affirmed yesterday that attorneys are absolutely immune from claims for fraud and IIED for conduct that occurred during litigation. The case involved a series of attorneys who allegedly concealed a client's large inheritance from her spouse and described her as financially strapped during divorce proceedings, costing the spouse approximately $400,000 in extra legal expenses. Although attorneys must be free to litigate their cases, this amount of protection seems excessive. Alex Long (Tennessee) has some guidance on how to handle this situation in this piece from last year.
John Culhane (Widener) has posted his contribution to the FIU symposium on concussions to SSRN. Entitled Not Just the NFL: Compensation, Litigation, and Public Health in Concussion Cases, the abstract provides:
This article examines the recent attention given to traumatic head injury in the National Football League from a public health perspective. It notes that injuries are prevalent in many sports (not just football), and argues that the goal should be to design interventions that reduce the incidence and severity of such injuries. The article explores and evaluates some of the measures that have been taken throughout football (from the NFL down through youth leagues) to make the sport safer, and notes how these steps also affect other sports and injuries to other parts of the body. Since football and other dangerous sports are unlikely to be eliminated, harm reduction should be the goal. Taken together, these measures
are likely to be successful by that measure.
The article concludes with some observations about the use and limitations of tort claims and compensation funds to redress the harms caused by participation in dangerous sports such as football.