TortsProf Blog

Bring the Figgy Pudding, But Only After You Sign The Waiver

The UK Independent reports that High Timber, a London restaurant, is asking diners to sign a waiver before serving the traditional Christmas pudding, which can contain - if you are lucky - a small silver charm.   The waiver provides, "I absolve entirely High Timber from all blame or liability should I come to any harm including, but not limited to, a chipped tooth, or any injury as a result of swallowing it."  Unsurprisingly, the waiver was suggested by some restaurant customers who also happen to be lawyers.

Thanks to Tony Sebok for passing on this story.

- SBS

PA: Governmental Immunity No Protection to School District for Bus Crash

In a case involving my children's school district, Cumberland Valley, a court has ruled governmental immunity in Pennsylvania does not cover traffic accidents.  Pennlive has the details.

--CJR

Congressional Research Service Analyzes Health Care Reform Bills

Congressional Research Service, the Library of Congress department devoted to providing research and analysis on legislative issues to Congress, has issued a report analyzing the two health care reform bills:  "A Comparative Analysis of Private Health Insurance Provisions of H.R. 3962 and S.Amdt. 2786 to H.R. 3590." (pdf).

The Executive Summary provides in part:

. . . . This report compares the private health insurance provisions of H.R. 3962 and the Senate Amendment. Individuals currently receiving health insurance through a large employer would likely see the least direct impact from the bills. The largest changes would occur in the private health insurance market for small businesses and for nongroup coverage (currently, insurance obtained directly from an insurance company, broker or agent). The most substantial of these reforms would not take effect until 2013 under H.R. 3962, and in 2014 under the Senate Amendment. At full implementation, the required private health insurance market reforms should be fully in place, along with subsidies to certain low- and moderate-income individuals ineligible for Medicaid. At full implementation, the bills would require most individuals to obtain and, in the House bill, for larger employers to offer and contribute toward health insurance. Although the Senate Amendment does not have an explicit "employer mandate," employers who do not offer coverage could face substantial penalties. . . .

- SBS

Mississippi Noneconomic Damages Cap Challenged

A shooting at a store in Belzoni is the backdrop for the challenge.  The AP has the story.

--CJR

Interesting Partnership

Eric Turkewitz, a New York personal injury attorney and blogger, has hired Ted Frank to represent him in objecting to the Yahoo! sponsored search class action settlement.

More at both Eric's blog and Ted's blog.

- SBS

England to Change Libel Tourism Laws?

The New York Times reports that British lawmakers are considering changing the current, generous libel laws that have given London the nickname "a town called sue." 

- SBS

Cornell Prof Sues Wesleyan For Being Wrongly Pictured As A Murder Suspect

From Injured:   A Cornell sociology professor has sued Wesleyan for negligence after the school mistakenly released his photo as a murder suspect in a killing near the Wesleyan campus.  He seeks damages for emotional distress and reputational harm.

- SBS

Tiger Woods and Alienation of Affections?

It's covered in this CNN.com story.

--CJR

Turducken in a Federal Appellate Opinion

The torts-angle here is that it is an order about privacy law, specifically whether there is a constitutional right to informational privacy.  

But really this post is all about the turducken.   Who would include a reference to turducken - that weird turkey wrapped around a duck wrapped around a chicken concoction - in a federal appellate decision?  That woud be Judge Kozinski. 

Adam Liptak has more.

- SBS

Negligent Failure to Tree Prune

From Injured:  "the wife of a Google engineer injured by a falling tree branch has sued the city of New York for $120 million dollars." 

- SBS

"Kings of Torts" (aka The Dickie Scruggs Story)

In yesterday's Clarion Ledger, Sid Salter reviewed "Kings of Tort" by Alan Lange and Tom Dawson.   The book tells the story of Dickie Scruggs's fall from grace in the bribery scandal that led to his current address in federal prison.

As an aside, I know nothing about copyright law, but I am surprised that the book title is so similar to John Grishama's popular novel "The King of Torts."

UPDATE:   Readers might also be interested in "The King and the Dean:  Melvin Belli, Roscoe Pound, and the Common Law Nation," which is chapter four in Patriots and Cosmopolitans: Hidden Histories of American Law by John Witt (Yale). 

- SBS

"Sorry Works" At Work in Rhode Island

Jane Genova reports on a story out of Rhode Island:  Actor James Woods had been in a bitter lawsuit with Kent Hospital in Warwick, Rhode Island over the death of his brother in 2006.   As the Providence Journal reports:

When Kent Hospital President Sandra L. Coletta had dinner with actor James Woods Monday night and apologized for her hospital’s role in his brother’s death, Coletta said she was just following her gut, treating a grieving brother the way she’d want to be treated herself.

That apology led to a startling turnaround in what had been an increasingly bitter lawsuit over the 2006 death of Michael Woods from a heart attack in the Warwick hospital’s emergency room.

Less than 24 hours after the dinner, Coletta, Woods and his mother were standing next to each other, announcing the withdrawal of the suit and the creation of the Michael J. Woods Institute to help reorganize the hospital to better serve its patients.

- SBS

WSJ on Asbestos Trusts

Today's Wall Street Journal has an article about asbestos trusts that quotes Vanderbilt's Richard Nagareda and Buffalo's S. Todd Brown.  It's a subscriber-only piece, so I can't link to it.  However, the WSJ Law Blog has a shorter post on the issue here.

Thanks to Mark Behrens for the tip.

--CJR

Rio Olympic Committee Mulls Suit Over Robin Williams's Comment

The Rio Olympic Committee's lawyers are considering action in a U.S. court over Robin Williams's comment to David Letterman on The Late Show regarding how Rio won the Olympic nod.  Brazzil Magazine has the story (as well as a clip of the interview).

--CJR

RAND Report on Silica Litigation Released

The RAND Institute has released Stephen J. Carroll et al., The Abuse of Medical Diagnostic Practices in Mass Litigation: The Case of Silica (RAND Inst. for Civil Justice 2009).  It is available here:  Download DC-170832-v1-RAND_silica_study_final_report[1]. 

Thanks to Mark Behrens for the tip.

--CJR

Looking for Proof Tort Reform Reduces Health Costs?

In last week's Houston Chronicle, Jennifer Bard (Texas Tech) had an interesting op-ed piece, "There's No Proof Tort Reform Reduces Health Costs."  In this essay, Bard explains why tort reform is not a necessary part of health care reform.  

- SBS

Health Care Debate to Begin in Senate Tonight

Tonight at 8:00 p.m, the Senate will vote on cloture for the health care bill.  In other words, the Senate will decide whether to begin debating it.  It appears Democrats have 58 of the necessary 60 votes to survive the first hurdle.  CNN has the story.  In a related (torts) issue, a group of medical malpractice victims held a press conference in Richmond, VA yesterday to urge Virginia's Senators not to include med mal reform in the bill.  (PR Newswire)

--CJR

Illinois Rejects Tarasoff

In Tedrick v. Community Resources Center, Inc., Nos. 104861, 104876 (Ill. Sept. 24, 2009), the Supreme Court of Illinois explicitly rejected Tarasoff.  Earlier opinions cast doubt on the acceptance of the famous California case in Illinois, but Tedrick made it official.  The opinion (pdf) is here. 

Thanks to DePaul's Mark Weber for the tip.

--CJR

AAJ Fears Compromise on Tort Reform for Health Care Passage; Starts Ad Campaign

Ben Smith at Politico.com has the story (and one of the internet ads).

--CJR

Toyota Sued Over Alleged "Sudden Acceleration" Problem

Two L.A. residents have sued Toyota Motor Corp., alleging some Toyota and Lexus products manufactured since 2001 have been made with defective components causing sudden, unexpected acceleration.  They are seeking class-action status.  Toyota has focused on floor mats as the cause of the problem.  However, last week the National Highway Traffic Safety Administration (NHTSA) criticized Toyota for releasing misleading information about the floor-mat investigation.  The Orange County Register has the story about the suit and the NHTSA statement.

--CJR