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Monday, September 23, 2013

2014 Clifford Symposium

From our friends at Mass Tort Litigation comes news of the 2014 Clifford Symposium, which will explore Judge Jack Weinstein's impact on "a broad range of topics in civil justice, from torts, civil procedure and the law of evidence, to broader notions about what it means to be a judge and to seek justice in America's courts."    Justice Stephen Breyer is scheduled to give the main address.

The brochure, with a full list of speakers, is available here. 

- SBS

September 23, 2013 in Conferences | Permalink | Comments (0) | TrackBack (0)

Monday, September 16, 2013

The Public Life of the Private Law: A Conference in Honor of Richard A. Nagareda

On September 27-28, 2013, Vanderbilt Law School hosts "The Public Life of the Private Law: A Conference in Honor of Richard A. Nagareda."   The schedule provides:

Friday, September 27
1:30–3:00 p.m. Theodore Rave (Houston), "Settlement, ADR, and Class Action Superiority"
Commentators: Suzanna Sherry (Vanderbilt) chair, Robert Bone (Texas), and Emery Lee (FJC)

3:15–4:45 p.m. Maria Glover (Georgetown), "A Separate Peace? The Non-Removability of State Law Actions in Multi-District Litigation".   Commentators: Tracey George (Vanderbilt) chair, William Rubenstein (Harvard), and Patrick Woolley (Texas)

Saturday, September 28
8:30–10:00 a.m. Troy McKenzie (NYU), "The Mass Tort Bankruptcy: A Pre-History"
Commentators: Lynn Baker (Texas) chair, Joe Cecil (FJC), and Brian Fitzpatrick (Vanderbilt)

10:15–11:45 a.m. Catherine Borden (FJC) and Margaret Williams (FJC) (with Emery Lee), "Repeat Players in Multidistrict Litigation".  Commentators: Charles Silver (Texas) chair, Paul Edelman (Vanderbilt), and Myriam Gilles (Cardozo)

1:15–2:45 p.m. Adam Zimmerman (Loyola-Los Angeles), "The Corrective Justice State"
Commentators: John Goldberg (Harvard) chair, Elizabeth Chamblee Burch (Georgia), and Edward L. Rubin (Vanderbilt)

 

- SBS

 

September 16, 2013 in Conferences | Permalink | Comments (0) | TrackBack (0)

Tuesday, July 23, 2013

Calnan on Civil Recourse Defended

Alan Calnan (Southwestern) has posted to SSRN Defenseless Self-Defense:  An Essay on Goldberg & Zipursky's Civil Recourse Defended.  The abstract provides:

In a recent symposium issue published by the Indiana Law Journal, Professors John C. P. Goldberg and Benjamin C. Zipursky provide a spirited defense of their theory of civil recourse, which sees the tort system exclusively as a means of empowering victims of wrongs. This essay assails that defense, finding it curiously defenseless in two related respects. First and most obviously, civil recourse theory lacks any meaningful explanation of the defensive rights at play within the tort system. Second and more importantly, Goldberg & Zipursky’s theory is inescapably indefensible because it cannot cure this omission without simultaneously self-destructing. When recourse meets defense, it is transformed into competition. This competitive framework precludes the antithetical enablement interpretation of civil recourse. By counterbalancing rights, tort does not take sides. It mediates and moderates the parties’ polar positions.

Goldberg & Zipursky misunderstand this unique human institution because they completely disregard human nature. People possess a conflicted mix of instinct and rationality mediated by a constant yearning for reconciliation and balance. This triune nature permeates our cultural artifacts, including our laws. Indeed, as this essay will show, it accounts for much of the history, substance, and structure of the tort system. Though broadly drawn, this extraordinary consonance bears further investigation. But to discover tort’s inner truth, we cannot continue searching with blinkered perspectives like civil recourse theory. Instead, we must open our eyes to the law’s deepest foundations.

 --CJR

July 23, 2013 in Conferences, Scholarship | Permalink | Comments (0) | TrackBack (0)

Friday, July 5, 2013

Engstrom on Lawyer Lending

Nora Freeman Engstrom (Stanford) has posted to SSRN Lawyer Lending:  Costs and Consequences.  The abstract provides:

The “lawyer lending” industry — comprised of lenders who extend capital to plaintiffs’ lawyers to finance personal injury litigation — has blossomed. This industry has taken off, at least in part, because attorneys are permitted to deduct interest on these loans from client recoveries as an additional “expense” of litigation. The cost of the burgeoning lawyer lending industry is, thus, in large measure, borne by clients. This Article asks whether personal injury attorneys who choose to take out loans to cover case costs and litigation expenses ought to be allowed to offload associated interest charges. The Article shows this question is important in its own right — with profound implications for the quantity and intensity of tort litigation. And the question is also an ideal point of entrée to identify, and begin to remedy, broader deficiencies in three strands of current legal analysis. Examining the propriety of interest pass-throughs first highlights the importance of litigation costs — and the inter-connectivity of costs and contingency fees — a topic that has suffered from too little investment in research. Second, by separately considering just lawyer lending, (rather than all third-party funding mechanisms simultaneously), and by studying a mechanism’s on-the-ground operation, (rather than just its birds-eye-view impact), the Article attempts to lead by example to reorient future Alternative Litigation Finance scholarship. Third, the Article underscores the need to push past bare formalism, and it sketches an alternative theoretical framework that can be employed when confronting certain ethical issues going forward.

 --CJR

July 5, 2013 in Conferences, Scholarship | Permalink | Comments (0) | TrackBack (0)

Friday, June 7, 2013

Weinrib Speaking on Causation in Negligence Law

Professor Ernest Weinrib, Cecil A Wright Professor of Law at the University of Toronto, will be speaking at Macquarie Law School in Sydney, Australia, on the topic of 'Causal Uncertainty in Negligence Law', on August 22nd. The flyer is attached:   Download Ernest Weinrib Public Talk_FINAL (1)-1

- SBS

June 7, 2013 in Conferences | Permalink | Comments (0) | TrackBack (0)

Wednesday, June 5, 2013

Widener Mass Tort Litigation Panels

Video of the panels from the April 16 symposium on Mass Tort Litigation is now available.

Panel 1; Mass Tort Theory:  Deborah Hensler (Stanford), Linda Mullenix (Texas), Mike Green (Wake Forest), and Aaron Twerski (Brooklyn)

http://blogs.law.widener.edu/classarchive/harrisburg-campus-classes/law-journal-symposium-on-torts-teform-panel-1/

 

Panel 2; Emerging Issues in Mass Tort Practice:  Hon. Thurbert Baker (McKenna Long & Aldridge), John Beisner (Skadden Arps), Tobias Millrood (Pogust Braslow & Millrood), and Victor Schwartz (Shook Hardy & Bacon)

http://blogs.law.widener.edu/classarchive/harrisburg-campus-classes/law-journal-symposium-on-torts-reform-panel-2/

 

Distinguished Address:  Hon. Eduardo Robreno (E.D. Pa.); Federal Asbestos Litigation:  Black Hole or New Paradigm?

http://blogs.law.widener.edu/classarchive/harrisburg-campus-classes/law-journal-symposium-judge-robreno/

 

Panel 3; Keystone State Civil Justice Issues:  Nancy Winkler (Eisenberg Rothweiler Winkler Eisenberg & Jeck), Nicholas Vari (K&L Gates), Mark Behrens (Shook Hardy & Bacon), and Scott Cooper (Schmidt Kramer)

http://blogs.law.widener.edu/classarchive/harrisburg-campus-classes/law-journal-symposium-on-torts-reform-panel-3/

 

Panel 4; Asbestos-Related Bankruptcy Issues:  Todd Brown (Buffalo), Bruce Mattock (Goldberg Persky & White), and WIlliam Shelley (Gordon & Rees)

http://blogs.law.widener.edu/classarchive/harrisburg-campus-classes/law-journal-symposium-on-torts-reform-panel-4/

 

Panel 5; Mass Tort Ethics:  Sheila Scheuerman (Charleston) and Byron Stier (Southwestern)

http://blogs.law.widener.edu/classarchive/harrisburg-campus-classes/law-journal-symposium-on-torts-reform-panel-5/

--CJR

June 5, 2013 in Conferences, MDLs and Class Actions | Permalink | Comments (0) | TrackBack (0)

Wednesday, May 29, 2013

AALS Torts Panel on Civil Recourse Theory

The Indiana Law Journal has posted to its website the articles from the 2012 AALS Torts & Compensation Systems panel on civil recourse theory:

Indiana Law Journal
Volume 88: Issue 2
Winter 2013

AMERICAN ASSOCIATION OF LAW SCHOOLS TORTS & COMPENSATION SYSTEMS PANEL

Twenty-First Century Tort Theories: The Internalist/Externalist Debate
Michael L. Rustad
Civil Recourse Theory’s Reductionism
Guido Calabresi
Instrumental and Noninstrumental Theories of Tort Law
Richard A. Posner
Beneath the Surface of Civil Recourse Theory
Martha Chamallas
Two Roads Diverge for Civil Recourse Theory
Christopher J. Robinette

Civil Recourse Defended: A Reply to Posner, Calabresi, Rustad, Chamallas, and Robinette
John C. Goldberg & Benjamin C. Zipursky

--CJR

May 29, 2013 in Conferences, Scholarship | Permalink | Comments (0) | TrackBack (0)

Friday, May 24, 2013

Fordham's "Lawyering for Groups"

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.

--CJR 

May 24, 2013 in Conferences, MDLs and Class Actions, Scholarship | Permalink | Comments (0) | TrackBack (0)

Thursday, April 25, 2013

CFP: AALS Sections on Torts and Insurance

The 2014 AALS Annual Meeting will feature a combined Torts and Compensation Systems and Insurance Sections presentation "On the Unavoidable Intersection of Torts and Insurance."  Speakers include Tom Baker (Penn),Nora Freeman Engstrom (Stanford), and Kent Syverud (Wash. Univ. in St. Louis).  If you would like to join this panel, there is a call for papers.  The information is available over at the Faculty Lounge.

--CJR

April 25, 2013 in Conferences | Permalink | Comments (0) | TrackBack (0)

Monday, April 22, 2013

Perspectives on Mass Tort Litigation at Widener

Last Tuesday, April 16, 2013, Widener University School of Law, the Widener Law Journal, and the Coalition for Litigation Justice, Inc. sponsored a day-long symposium, Perspectives on Mass Torts Litigation.

The line-up was spectacular!  The first panel on Mass Tort Theory included Professor Michael Green (Wake Forest School of Law); Professor Deborah Hensler (Stanford Law School); Professor Linda Mullenix (University of Texas School of Law); and Professor Aaron Twerski (Brooklyn Law School).  The panel was moderated by TortsProf's own Chris Robinette (Widener).

The second panel addresssed Emerging Issues in Mass Tort Practice.  This panel included the Hon. Thurbert Baker (McKenna Long & Aldridge LLP; Atlanta, GA); John Beisner (Skadden Arps; Washington, DC); Tobias Millrood (Pogust Braslow & Millrood; Philadelphia, PA); and Victor Schwartz (Shook, Hardy & Bacon; Washington, DC). 

One of the symposium's highlights was the luncheon address by the Hon. Eduardo Robreno (E.D. Pa.) on Federal Asbestos Litigation: Black Hole or New Paradigm?   This fascintating talk provided a look at the current state of asbestos litigation and a glimpse of the future as well. 

The third panel was on Keystone State Civil Justice Issues.  The organizers used a neat format - essentialy a point-counterpoint by a plaintiff's lawyer and a defense lawyer.   The fourth panel took us inside Asbestos-Related Bankruptcy Issues, and featured Professor S. Todd Brown (SUNY Buffalo Law School), and two practicing lawyers.  

Bryon Stier (Southwestern) and I rounded out the day with a panel on Mass Tort Ethics.  

My thanks to Chris and everyone at Widener for an outstanding conference.  It was a honor to participate. 

- SBS

April 22, 2013 in Conferences | Permalink | Comments (0) | TrackBack (0)

Wednesday, March 27, 2013

Rapp on NFL Concussions

Geoff Rapp (Toledo) has posted to SSRN his contribution to Howard Wasserman's symposium, Suicide, Concussions, and the NFL.  The abstract provides:

This contribution to a FIU Law Review symposium on concussions in the NFL explores the state of the science and the possibility that the family of a former NFL player could recover from the NFL in the event that the former player committed suicide. While the link between brain injury, depression and suicide is both logical and supported by some emerging science, the paper suggests that significant legal obstacles would confront any such claim.

--CJR

March 27, 2013 in Conferences, Scholarship, Sports | Permalink | Comments (0) | TrackBack (0)

Friday, March 15, 2013

An Injury Law Constitution

I intended to blog this conference session-by-session starting yesterday, but a computer malfunction based on user error prevented it. 

Session One (Introduction and Chapter One)

Marshall began the conference by summarizing the thesis of his book, drawn from his study of injury law that has led him to believe that it has some of the qualities of a constitution.  He includes within injury law not only tort law, but also compensation systems like workers' comp and the 9/11 Victim Compensation Fund, and statutory safety regulation.  Shapo said the injury law constitution "embodies the tensions" within the field.  He pointed specifically to the tensions among efficiency and social and individual justice.  He also focused on the themes of choice, responsibility, and safety.

Bob Rabin was a commentator.  He praised Shapo for the use of a "wide-angle lens" on the subject.  He said it was an ambitious undertaking and stated he was in basic agreement with Shapo.  He noted, however, that he had a different focus.  Rabin said that while Shapo looks at injury law and sees a coherent constitution-like structure, he sees a patchwork design.  He noted the pragmatic and public policy constraints in each of the 3 areas of tort, compensation systems, and safety regulations.

Responding to comments, Shapo stated his work was more descriptive than normative and described the injury law constitution as a "series of battles with ebbs and flows."  As Shapo acknowledges, the injury law constitution does not provide a direct measuring rod for statutes and judicial decisions as does the traditional American conception of a constitution.  Based on that acknowledgement, comments and questions focused on the work done by his analogy to a constitution.  To me, it seems the most likely use of the analogy is to present injury law in a broader context than tort alone.  Additionally, Shapo's concept of the injury law constitution "embodying the tensions" is similar to the way the U.S. Constitution is viewed by many as providing a never-ending argument over government.  Shapo offers an alternative phrasing, "a constitutive injury law," for those who might prefer it.

Session Two (Chapters Two and Seven on Power)

Shapo began the session by stating that behind many tort cases is a concern over checking power.  In tort, he pointed to products liability, with its concern for the power of manufacturers, medical malpractice, IIED (with its focus on employment relationships and sexual harassment), and constitutional torts (a phrase he coined in a 1965 article), illustrating safety regulation, he pointed to OSHA, and for compensation systems, he pointed to workers' comp.

Cathy Sharkey began by stating that perhaps acting as a check on power was a further analogy to a constitution.  She stated a theme of the book was a preference for decisions at the "trench level," jurors in many cases.  She also questioned whether a concern with power would mean that tort should dominate contract in many instances.  Finally, she discussed preemption and pushed Shapo to focus more on it.

Comments and questions focused on power relationships in settlement, between federal and state law, and between plaintiffs and plaintiffs' attorneys.

The evening concluded with glowing tributes to Shapo from his colleagues and included statements from Judge Calabresi and Justice Scalia.

Session Three (Chapter Nine on Rationales)

Shapo was unfortunately late this morning because of a terrible car crash on Lake Shore Drive last night.  Anita Bernstein had to start speaking before his arrival.  She indicated that Shapo approved of a number of tort rationales:  safety, efficiency, freedom, corrective justice, apology, vindication, punishment, social justice, uniformity, and rationality.  She discerned a normative streak hidden in Shapo's descriptive project.  She stated that one needed to consult his prior writings to see what he disapproves of.  The list includes:  "dangerous products," an "obsession with comparative institutional analysis," and "failure to give sufficient weight to competing points of view."

Comments and questions focused on whether Shapo had a clear hierarchy for his list of rationales.  Shapo was able to join the session at this point and acknowledged he considered himself a pluralist and was not attempting to present a unifying theory or hierarchy.  Instead, his goal was to identify a catalog of rationales, goals, and purposes.

Session Four (Conclusion)

Shapo began the final session by revisiting the tension between the individual and society.  He then discussed Judge Hand's tribute to Judge Cardozo, in which he said the wise man was the detached man.  He referred to examples pro and con on judging as ideological, on the one hand, and nonpartisan, on the other.  Referring to a phrase used by a foreign correspondent he found in research before he went to law school, Shapo concluded by saying he hoped his work captured the "smell of the streets."

Jacqueline Zins, the former Deputy Special Master for the 9/11 Fund, was the commentator for this session, focusing on the role of compensation systems in Shapo's injury law constitution.  She detailed the statute creating the 9/11 Fund and all of its gaps.  She further detailed how Ken Feinberg, as Special Master, filled in those gaps.  Much of his focus was on equality and compassion. 

Comments and questions focused on the differences between the Fund and tort law, as well as Zins's declaration (mirroring Feinberg) that the Fund was unique and would not be repeated.

--CJR

March 15, 2013 in Books, Conferences | Permalink | Comments (0) | TrackBack (0)

Thursday, March 14, 2013

Searle Center Book Conference on "An Injury Law Constitution" by Marshall S. Shapo

Today and tomorrow the Searle Center at Northwestern is hosting a conference on Marshall Shapo's An Injury Law Constitution.  The format is interesting; there is a group of about 35 having a roundtable discussion instead of panelists.  There are 4 sessions and each has a commentator to begin the discussion. 

Session One:  Introduction and Chapter One (Bob Rabin)

Session Two:  Chapters Two and Seven (on Power) (Cathy Sharkey)

Session Three:  Chapter Nine (on Rationales) (Anita Bernstein)

Session Four:  Conclusion (Jacqueline Zins, Former Deputy Special Master of the 9/11 Fund)

I plan to blog the sessions (though probably not as they occur), so stay tuned.

--CJR

March 14, 2013 in Books, Conferences | Permalink | Comments (0) | TrackBack (0)

Wednesday, February 13, 2013

Perspectives on Mass Tort Litigation at Widener

On April 16, 2013, Widener's Harrisburg, PA Campus will host Perspectives on Mass Tort Litigation.  The brochure (pdf) is here:  Download Mass Tort Symp bro 2013.  Please make plans to join us to discuss mass torts with a Pennsylvania flavor.  The schedule is as follows:

Introduction -- Dean Linda Ammons (9:00 to 9:15 a.m.)

 Panel 1 – Mass Tort Theory (9:15 to 10:30 a.m.)

  • Moderator – Professor Christopher Robinette (Widener University School of Law)
  • Professor Michael Green (Wake Forest School of Law)
  • Professor Deborah Hensler (Stanford Law School)
  • Professor Linda Mullenix (University of Texas School of Law)
  • Professor Aaron Twerski (Brooklyn Law School)

Panel 2 – Emerging Issues in Mass Tort Practice (10:30 to 11:45 a.m.)

  • Moderator – Professor Mary Kate Kearney (Widener University School of Law)
  • Hon. Thurbert Baker (McKenna Long & Aldridge LLP; Atlanta, GA)
  • John Beisner (Skadden Arps; Washington, DC)
  • Tobias Millrood (Pogust Braslow & Millrood; Philadelphia, PA)
  • Victor Schwartz (Shook, Hardy & Bacon; Washington, DC)

Lunch & DistinguishedAddress – (12:00 to 1:15 p.m.)

Introduction by Professor Christopher Robinette (Widener University School of Law)

Hon. Eduardo Robreno (E.D. Pa.) Federal Asbestos Litigation:  Black Hole or New Paradigm?

Panel 3 – Keystone State Civil Justice Issues (1:30 to 2:45 p.m.)

  • Moderator –  Amaris Elliott-Engel (Legal Intelligencer)
  • Nicholas Vari (K&L Gates; Pittsburgh, PA)
  • Nancy Winkler (Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C.; Philadelphia, PA)
  • Mark Behrens (Shook, Hardy & Bacon; Washington, DC)
  • Scott Cooper (Schmidt Kramer; Harrisburg, PA) 

Panel 4 – Asbestos-Related Bankruptcy Issues (3:00 to 4:00 p.m.)

  • Moderator –  Professor Susan Raeker-Jordan (Widener University School of Law)
  • Professor S. Todd Brown (SUNY Buffalo Law School)
  • Bruce Mattock (Goldberg, Persky & White, P.C.; Pittsburgh, PA)
  • William Shelley (Gordon & Rees, LLP; Philadelphia, PA) 

Panel 5 – Mass Torts Ethics (4:00 to 5:00 p.m.)

  • Moderator – Professor Randy Lee (Widener University School of Law)
  • Professor Sheila Scheuerman (Charleston School of Law)
  • Professor Byron Stier (Southwestern Law School) (via Skype)

--CJR

February 13, 2013 in Conferences | Permalink | Comments (0) | TrackBack (0)

Thursday, February 7, 2013

Behrens & Silverman on PA Venue Reform

Mark Behrens & Cary Silverman (Shook, Hardy & Bacon) have published Litigation Tourism in Pennsylvania:  Is Venue Reform Needed? in the Widener Law Journal.  Mark will argue for venue reform at an upcoming symposium here at Widener in Harrisburg.  Scott Cooper, the President of PA Justice, will argue the plaintiffs' perspective.  Stay tuned for more about the symposium. 

The article (pdf) is here:  Download DC-#447980-v1-Pennsylvania_venue_reform_article_pdf[1]  The conclusion:

Recent changes have made Philadelphia fairer for civil defendants in mass tort cases, but more needs to be done.  Pennsylvania should take the next step and adopt venue reform through legislation or court rule. As the Illinois Supreme Court recently observed: "Decent judicial administration cannot tolerate forum shopping as a persuasive or even legitimate reason for burdening communities with litigation that arose elsewhere and should, in all justice, be tried there."

One approach for Pennsylvania would be to extend the venue provision for medical liability actions so that all tort claims have to be brought in the county where the cause of action arose. That approach would achieve greater uniformity and predictability in the law. Alternatively, tort actions not involving medical liability could be brought in the county (1) where the plaintiff resides, (2) where all or a predominant part of the cause of action arose, or (3) where the defendant resides if the defendant is an individual, or where the defendant has its principal place of business if the defendant is a corporation or similar entity. If the action involves multiple corporate defendants, then venue should be limited to the county where the plaintiff resides or where all or a predominant part of the cause of action arose. In an action against a single small business defendant, venue could be limited to the county where all or a predominant part of the cause of action arose. Either approach would refocus Pennsylvania litigation on Pennsylvania citizens, help ensure that claims are heard in the county with the most logical connection to the case, and discourage joinder of local defendants simply for the purpose of having a case heard in a particular county. In the meantime, trial courts should do their part by granting defendants' forum non conveniens motions in cases that should be heard elsewhere.

--CJR 

February 7, 2013 in Conferences, Scholarship | Permalink | Comments (0) | TrackBack (0)

Wednesday, January 23, 2013

Chamallas to Deliver 2013 Monsanto Lecture

Martha Chamallas (Ohio State) will deliver the 2013 Monsanto Lecture at Valparaiso.  The speech, entitled "Institutional Responsibility for Sexual Exploitation:  Can Tort Law Deliver Social Justice?," will be delivered on April 12, 2013 from 4:00-5:00 p.m. at Wessemann Hall.  The official notice is here.

--CJR

January 23, 2013 in Conferences, Scholarship | Permalink | Comments (0) | TrackBack (0)

Tuesday, December 25, 2012

Tort News from Europe

Courtesy of Ken Oliphant:

1. New publication: European Tort Law Yearbook 2011
 
European Tort Law 2011 (ed by Ken Oliphant and Barbara C Steininger) provides information and analysis about tort law developments in Europe in 2011. It includes reports from most EU Member States, plus Norway and Switzerland, and an overview of developments in the field of EU law. Selected highlights are picked out and evaluated from a comparative perspective in the book's introduction. A bonus feature this year is a 10-year conspectus of developments in Israeli tort law, whose timing is especially propitious because 2011 saw the first reading in theKnesset of a proposed Israeli Civil Code.
 
The book is published by de Gruyter (Berlin/Boston). For further details, click here.
 
2. Annual Conference on European Tort Law 2013 (4 April to 6 April 2013, Vienna)
 
The Conference provides practitioners and academics with the opportunity to learn about the most significant tort law developments in Europe in 2012. It begins on the evening of Thursday 4 April in the splendid surroundings of the Palais Trautson (Austrian Ministry of Justice), where Irmgard Griss (former President of the Austrian Supreme Court) will deliver the opening lecture on the topic of 'How Judges Think: Judicial Reasoning in Tort Law Cases from a Comparative Perspective'. On Friday 5 April, the venue switches to the Austrian Supreme Court, and the day is given over to reports on developments in Europe's national legal systems and under EU law. In the evening, the Conference dinner is at one of Vienna's famous wine taverns ('Heurigen') on the edge of the Vienna Woods. The Conference concludes on Saturday morning (April 6, 2013) with a special session on Tort Law and the Financial Crisis. 
 
Torts Prof list members are particularly welcome atthis enjoyable and informative event. For further details, click here.
  
3. Journal of European Tort Law: contents of vol 3 no 3
 

   Articles:

 Michael D Green andOlivier Moréteau ‘Restating Tort Law: The American and European Styles’ (2012) 3 JETL 281

 Matthew Dyson‘Civil Law Responses to Criminal Judgments inEngland and Spain’ (2012) 3 JETL 308

 Robert J Dijkstra ‘Liability of Financial Supervisory Authorities in the European Union’ (2012) 3 JETL 346

 Bernd J Hartmann ‘Perspectives on the Economic Analysis of Public Liability Law’ (2012) 3 JETL 378

Case Commentary:

 Vanessa WilcoxVindicatory Damages: The Farewell?’ (2012) 3 JETL 390

Book Reviews

Jens M Scherpe’Christoph Oertel, Objektive Haftung in Europa. Rechtsvergleichende Untersuchung zur Weiterentwicklung der verschuldensunabhängigen Haftung im europäischen Privatrecht’ (2012) 3 JETL 410 

 Florian Wagner von-Papp’Helmut Koziol/Josef Seethaler/Thomas Thiede (eds), Medienpolitik und Recht: Media Governance, Wahrhaftigkeitspflicht und sachgerechte Haftung’ (2012) 3 JETL 413

For online access/subscription details, click here.
 
--CJR

December 25, 2012 in Conferences, Scholarship | Permalink | Comments (0) | 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.

- SBS

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

Wednesday, October 10, 2012

Sebok on a General Theory of Pure Economic Loss

Tony Sebok (Cardozo) has posted to SSRN The Failed Promise of a General Theory of Pure Economic Loss:  An Accident of History?.  The abstract provides:

This article was prepared for the 2012 Clifford Symposium, which was held in of the career of Robert Rabin. The article reviews Rabin’s efforts to analyze and rationalize American tort doctrine concerning negligently caused economic loss, which is sometimes dubbed “pure” negligent economic loss so as to distinguish it from economic loss resulting from injury to the plaintiff’s person or property. The article praises and criticizes Rabin’s efforts. It notes that in his early writings on negligently caused economic loss Rabin celebrated decisions such as J’Aire Corp. v. Gregory because it was based on a theory of duty that drawn from a general theory of negligence that applied with equal force to other parts of negligence law, ranging from personal injury to emotional distress. The article then observes that in his later writings, Rabin seemed to back off from his optimistic claim that negligently caused economic loss can be subsumed under a general theory of duty and argued instead that courts must resort to ad hoc duty rules, thus leaving plaintiffs facing a patchwork of holdings driven by various policy considerations.

The article concludes by asking whether Rabin’s retreat is a reflection of an unavoidable reality, which is that negligently caused economic loss is, for whatever reason, destined to operate under principles that limit liability on the basis of principles and/or interests that are unmoored from tort law itself, or whether, as courts outside the United States have suggested (especially in Australia), there is a set of principles available which could subsume negligently caused economic loss cases within a broader theory of duty that includes personal injury, property damage, and emotional distress.

--CJR

October 10, 2012 in Conferences, Scholarship | Permalink | Comments (0) | TrackBack (0)

Thursday, October 4, 2012

Twin Cities E-Discovery Forum

This is slightly off topic, but Brendan Kenny of Blackwell Burke has founded the Twin Cities E-Discovery Forum.  Our readers in the Twin Cities area of Minnesota should check it out.

We would like to invite you to the inaugural meeting of the Twin Cities E-Discovery Forum.  

The forum will be a quarterly gathering of local outside counsel, in-house counsel, public-sector attorneys, the judiciary, technologists, and IT professionals dedicated to sharing knowledge and experiences about e-discovery best practices to create a stronger Twin Cities e-discovery community.

At our meetings and at other select events, we will cooperatively discuss current e-discovery issues, educate the local legal community about the challenges posed by electronic discovery, and arrive at cost-effective, ethical, and practical solutions.

The Twin Cities is home to some of the nation’s e-discovery's top talent. Among those national e-discovery thought-leaders that are committed to launching the forum are:

  • George Socha: President of Socha Consulting LLC, Co-Founder of EDRM, and Co-Founder of Asperee.
  • David Yerich: Director of E-Discovery, United Health Group.
  • Michael J. McGuire: Shareholder and eDiscovery Counsel, Littler Mendelson.

Format

Each meeting will have a different topic. There will be a meet and greet with a continental breakfast between 7:30–8:00am, followed by a presentation and a question- and-answer period ending at 9:00am.

 

Vision

 The forum is: 

  • ·      Free: There will be no charge, no dues, and no fees for our quarterly meetings. Each meeting will be hosted by a different participant.
  • ·      Open: The forum is an open-source e-discovery program. Anyone interested may attend.
  • ·      Flexible: Because e-discovery is constantly evolving, the forum will be decentralized, voluntary, and nimble. Without a rigid agenda and formal structure, it can adjust to meet the ever-changing needs of the legal and technology communities.
  • ·      Collaborative: As the experience of other cities’ e-discovery groups with this format show, the forum is not a CLE—it is a group discussion. Because our discussions are confidential, and because we know and trust our neighbors in the legal community, the forum will foster a more unified, more effective, and more collaborative Twin Cities e-discovery culture.

Origin

The forum is modeled after the Friends of E-Discovery groups that Karl Schieneman, Tom Allen, Pete Pepiton, and other lawyers have helped form in Pittsburg, Cincinnati, Columbus, Indianapolis, Cleveland, and Nashville. They have had great success, particularly in bringing together the judiciary, lawyers, IT staff, and technologists.  

For more information about these groups, go to www.friendsofediscovery.com.

 Opening Meeting Logistics

Our first meeting will be from 7:30–9:00am on October 16, at 431 South 7th Street, Suite 2500, in Minneapolis. It will be hosted by Blackwell Burke P.A. (www.blackwellburke.com/ediscoveryforum.php).

 

Opening Meeting Topic

After my brief opening presentation, Karl Schieneman will share some of the successes that e-discovery groups with this format have had. This will lead to a roundtable discussion on our most pressing e-discovery issues, and what we hope to gain from the forum.

Mr. Schieneman is a nationally recognized e-discovery thought-leader. He is president and founder of ReviewLess LLC (www.reviewless.co), an e-discovery provider. And he hosts the popular, always insightful, and always free ESI Bytes podcasts (www.esibytes.com). 

If interested, please contact Brendan Kenny at 612-343-3211 or bkenny@blackwellburke.com.

--CJR

October 4, 2012 in Conferences | Permalink | Comments (0) | TrackBack (0)