February 22, 2013
AR: Tort Reform Via Constitutional Amendment?
House State Agencies and Governmental Affairs Chairwoman Andrea Lea says that consensus is forming for a proposed constitutional amendment on tort reform. The Arkansas Supreme Court recently struck down several provisions in a decade-old tort reform law. The proposed constitutional amendment would allow voters to replace those provisions. The precise content of the potential amendment is not yet available. The City Wire has details and a link to a podcast in which Lea discusses the issue.
February 21, 2013
Can Google Be Liable for Defamatory Comments Made on A Blog Which it Hosted?
The answer is maybe. Neil Foster (Newcastle) sends word of an interesting English Court of Appeals case: Tamiz v. Google Inc. The court found that, in some circumstances, Google could be liable for defamatory comments made on a blog hosted by Google: "Thus, if Google Inc allows defamatory material to remain on a Blogger blog after it has been notified of the presence of that material, it might be inferred to have associated itself with, or to have made itself responsible for, the continued presence of that material on the blog and thereby to have become a publisher of the material."
February 20, 2013
Baker & Swedloff on Regulation by Liability Insurance
Tom Baker (Penn) and Rick Swedloff (Rutgers-Camden) have posted to SSRN Regulation by Liability Insurance: From Auto to Lawyers Professional Liability. The abstract provides:
Liability insurers use a variety of tools to address adverse selection and moral hazard in insurance relationships. These tools can act on insureds in a manner that can be understood as regulation. We identify seven categories of such regulatory activities: risk-based pricing, underwriting, contract design, claims management, loss prevention services, research and education, and engagement with public regulators. We describe these activities in general terms and then draw upon prior literature to explore them in the context of five areas of liability and corresponding insurance: shareholder liability, auto liability, gun liability, medical professional liability, and lawyers’ professional liability. The goal is to develop a conceptual framework to guide qualitative research on liability insurance as governance.
February 18, 2013
Steroid Meningitis MDL Sent to Massachusetts
Claims regarding the meningitis outbreak tied to injectable steroids has been consolidated in a MDL before Judge F. Dennis Saylor of the District of Massachusetts. The National Law Journal has the full story (behind a free registration wall).
Thanks to Lisa Smith-Butler for the alert.