Wednesday, July 23, 2014
Here's a good one for your class on negligence:
A California appellate court has held that a man who fell off a cliff while drunk can sue the friends who brought him to the cliff to watch the sunrise after a night of partying. The court found that the plaintiff "created a triable issue of material fact as to whether [the defendant] breached a duty owed to [the plaintiff] by bringing him to the cliff side when she knew he was intoxicated and waiting several hours to call 911 or otherwise summon aid after the fall."
Courthouse News has more.
Friday, July 18, 2014
About a year ago, we reported that Ralph Nader had purchased an old bank in his hometown of Winfield, Connecticut for his "American Museum of Tort Law."
The Associated Press now reports that construction crews have begun inside demolition work on the building. Nader hopes that the museum will open in Fall 2015.
Thursday, July 10, 2014
So understandably, one bride asked theoperators of the Doubletree Hotel & Suites in historic Charleston to assure her that her courtyard ceremony "would not be disrupted by hotel guests not in attendance."* Not as understandably, the hotel allegedly agreed to this clause. Now, the wedding venue - the hotel's courtyard area - is overlooked by guestrooms, and on the big day, one hotel guest decided to bare all in the window of his room while the wedding ceremony below was in progress. The distraught bride has now sued the hotel for what sounds like an intentional infliction of emotional distress claim, and seeks actual and punitive damages.
Courthouse News has more.
(Photo credit: Doubletree Hotel & Suites. Presumably, this advertising photo is not of the wedding in question...)
*Presumably, there would be no lawsuit if the alleged nudist had been a guest of the wedding itself.
Monday, May 12, 2014
Deborah J. LaFetra blogs over at Pacific Legal Foundation about a new case by the New Mexico Supreme Court, Rodriguez v. Del Sol Shopping Center, where the court held that "a foreseeability-driven duty analysis is inappropriate."
Visit Deborah's post for a more on the case.
Tuesday, March 18, 2014
Many of you know that Carolina Academic Press launched the Context and Practice Series as a way for law profs to implement the ideas in the Carnegie Report and Best Practices. I've used Michael Hunter Schwartz's and Denise Riebe's Contracts casebook and found it very student-friendly. Now Alex Long (Tennessee) and Meredith Duncan (Houston) are publishing Advanced Torts in that series. From the CAP blurb:
Advanced Torts: A Context and Practice Casebook
by Alex B. Long, Meredith J. Duncan
Advanced Torts focuses primarily on tort theories that are not covered in significant detail in the standard first-semester Torts course. However, the book explores these topics with a particular emphasis on how they apply to lawyers engaged in the practice of law. Thus, students learn about defamation, interference with contractual relations, etc. while reading cases and working through problems that frequently involve lawyers as litigants. Given the reality that a lawyer is more likely to be sued for malpractice or some related theory during the lawyer’s career than it is the lawyer will face professional discipline, the subject matter of the book should resonate with students in a way that most Advanced Torts books do not.
The book covers the theories of liability often addressed in Advanced Torts courses, and some of the cases do not involve lawyers as parties. In this sense, the book is general enough that it can be used in any Advanced Torts class. However, it also includes material that should be of special concern for lawyers, including several chapters devoted to legal malpractice. Thus, it could be used in an Advanced Torts class as well as a stand-alone class devoted to legal malpractice and related theories of liability. Throughout the book, the authors make a conscious effort to help aspiring lawyers develop their professional identities as they learn the doctrine.
Saturday, February 15, 2014
Assessment Across The Curriculum
Institute for Law Teaching and Learning
Spring Conference 2014
Saturday, April 5, 2014
“Assessment Across the Curriculum” is a one-day conference for new and experienced law teachers who are interested in designing and implementing effective techniques for assessing student learning. The conference will take place on Saturday, April 5, 2014, at the University of Arkansas at Little Rock William H. Bowen School of Law in Little Rock, Arkansas.
Conference Content: Sessions will address topics such as
Formative Assessment in Large Classes
Classroom Assessment Techniques
Using Rubrics for Formative and Summative Assessment
Assessing the Ineffable: Professionalism, Judgment, and Teamwork
Assessment Techniques for Statutory or Transactional Courses
By the end of the conference, participants will have concrete ideas and assessment practices to take back to their students, colleagues, and institutions.
Who Should Attend: This conference is for all law faculty (full-time and adjunct) who want to learn about best practices for course-level assessment of student learning.
Conference Structure: The conference opens with an optional informal gathering on Friday evening, April 4. The conference will officially start with an opening session on Saturday, April 5, followed by a series of workshops. Breaks are scheduled with adequate time to provide participants with opportunities to discuss ideas from the conference. The conference ends at 4:30 p.m. on Saturday. Details about the conference are available on the websites of the Institute for Law Teaching and Learning (www.lawteaching.org) and the University of Arkansas at Little Rock William H. Bowen School of Law (ualr.edu/law).
Conference Faculty: Conference workshops will be taught by experienced faculty, including Michael Hunter Schwartz (UALR Bowen), Rory Bahadur (Washburn), Sandra Simpson (Gonzaga), Sophie Sparrow (University of New Hampshire), Lyn Entrikin (UALR Bowen), and Richard Neumann (Hofstra).
Accommodations: A block of hotel rooms for conference participants has been reserved at The DoubleTree Little Rock, 424 West Markham Street, Little Rock, AR 72201. Reservations may be made by calling the hotel directly at 501-372-4371, calling the DoubleTree Central Reservations System at 800-222-TREE, or booking online at www.doubletreelr.com. The group code to use when making reservations for the conference is “LAW.”
Monday, January 6, 2014
Really interesting case from Indiana at the intersection of torts and professional responsibility -
A lawyer was a partner in a firm. Firm client wanted to buy land that the partner owned. Partner refused but entered into a land use agreement with the firm client. There were disagreements over the land use contract. Firm client met with firm partners and threatened to take its business elsewhere unless the dispute was resolved with the partner. The firm removed the partner from the firm....
The partner subsequently filed a tortious interference agasint the firm client, and the Indiana Court of Appeals has just held that the partner can proceed. BNA has a full report on the case.
Wednesday, December 11, 2013
A New Jersey Superior Court reaffirmed that only the golfer taking the shot is legally responsibile for yelling "fore" for an errant shot. In Corino v. Duffy, the court held that two bystanders - friends of the golfer hitting the ball and part of the threesome - were not liable for the golfer's shot striking the plaintiff in the right eye. A copy of the decision is available here. The Legal Blitz has more on the decision.
Tuesday, September 10, 2013
This is a great one for your class on causation:
The ABA Journal reports that a man has sued Wal-Mart for negligence in training its employees on how to bag groceries, as well as the plastic bag manufacturer, for the death of his wife. Yes, his wife allegedly died from a negligently packed plastic grocery bag. According to the Journal, the plaintiff alleges that the Wal-Mart bagger "overstuffed" the bag, which broke on the way to the car, which caused the groceries to fall on his wife's toe, which caused a cut, which caused an infection, which led to his wife's death.
Thanks to Lisa Smith-Butler for the alert.
Friday, August 30, 2013
The ABA Journal reports that the Appellate Division of New Jersey Superior Court has held that a remote texter can be liable for injuries caused when the text-recipient has a car accident, but only if the texter knew that the recipient was driving and reading texts while driving.
A copy of the decision is available here.
Thanks to Lisa Smith-Butler for the alert.
Thursday, August 29, 2013
Yesterday I taught the first Torts class of the year. I always love starting it all over from the beginning and the promise of a fresh bunch of students. On the first day, I cover: 1. what's a tort? 2. what are the types of torts? and 3. why do we have torts?. I would do this regardless of which casebook I was using. How do others use the first day? Also, this is the first time I am teaching a one-semester, four-credit course instead of a two-semester, five-credit course. Thoughts on the differences?
Friday, August 9, 2013
Deborah J. LaFetra has an informative post at Pacific Legal Foundation on the Maryland Court of Appeals' decision in Georgia-Pacific v. Farrar. This, of course, is the "bystander of a bystander" asbestos case, where the grandaughter of a worker who worked near another worker who worked with asbestos-products sued for her mesothelioma. The Court of Appeals rejected the duty to warn.
Tuesday, May 14, 2013
Monday, May 13, 2013
The ABA Law Journal reports on an novel theory being tested in the New Jersey appellate courts: Does sending a text to someone you know is driving create tort liability? The plaintiffs were injured by a driver who was distracted by a text message. In a twist, the plaintiffs sued both the driver and the sender of the text message. The plaintiffs argued that "the court should impose a duty of care on those who know the recipient is both behind the wheel and likely to be reading texts while driving." In response, the defendant-texter has argued that she could not control when the message is read. Let's see what the New Jersey appellate court decides.
Wednesday, April 3, 2013
Ellen Bublick (Arizona) has compiled The Concise Restatement of Torts (3d ed.) for the ALI. The book draws on 5 projects from the Restatement (Third) of Torts and is organized like many first-year casebooks. The Concise Restatement of Torts is under 400 pages, was published on earlier this week, and is available through ALI here.
I have never used a supplement in my Torts course. I have recommended several secondary sources (and will continue to do so). However, I taught Contracts for the first time last year and found a supplement useful in that course. Based on that experience, I decided a supplement would help my Torts students as well. I have been looking around for the right Torts supplement, and this is it. Virtually every topic I cover in my two-semester course is in The Concise Restatement of Torts.
Wednesday, December 5, 2012
Last week, a local middle school chemistry class ended in an explosion. Seven people were injured and two were transported via helicopter to John Hopkins. Fortunately, all seven are now out of the hospital. The chemistry teacher is reputed to be extremely cautious, and it is not yet clear what happened to cause the explosion. The Patriot News (Harrisburg) has an article, including contributions from Widener TortsProf Randy Lee, about the legal issues in suing over such an incident.
Those of you struggling to write an exam might consider this as the basis for a question. By tweaking the facts a bit, you can test negligence, contrib, assumption of risk, battery, sovereign immunity, etc.
Thursday, September 27, 2012
Carolina Academic Press is publishing Products Liability Law: Cases, Commentary, and Conundra by Tim Kaye. Here is the blurb:
Products liability law is often confusing because it is in a state of constant flux as it confronts a number of challenges. Some such challenges are well known, such as the battle over the comparative merits of the Second and Third Restatements of Torts. Other equally important challenges have, however, been overlooked by other texts, such as the growing use of bankruptcy protection laws to limit the consequences of supplying defective products (as in the recent bailout-supported cases of General Motors and Chrysler), and this book sets out to rectify such omissions.
While other books leave the reader to sink or swim in a swamp of apparently contradictory doctrine, Products Liability Law lays out from the beginning the five elements common to all products liability claims. It then builds on this foundation by tackling each new area of the law in a lucid and reader-friendly manner, while explaining how each doctrine relates to the politico-economic and historical context in which the law operates.
Supplementing the text with numerous original flowcharts, tables, and other diagrams—as well as asking thoughtful questions along the way—this book charts a careful and comprehensible course through the often tempestuous battleground of products liability law.
Thursday, August 30, 2012
Don Gifford (Maryland), Joseph Kroart, Brian Jones (Villanova-Sociology), and Cheryl Cortemeglia have posted to SSRN What's on First? Organizing the Casebook and Molding the Mind. The abstract provides:
This study empirically tests the proposition that law students adopt different conceptions of the judge’s role in adjudication based on whether they first study intentional torts, negligence, or strict liability. The authors conducted an anonymous survey of more than 450 students enrolled in eight law schools at the beginning, mid-point, and end of the first semester of law school. The students were prompted to indicate to what extent they believed the judge’s role to be one of rule application and, conversely, to what extent it was one of considering social, economic, and ideological factors. The survey found that while all three groups of students shifted toward a belief that judges consider social, economic, and ideological factors, the degree of the shift differed in a statistically significant way depending on which torts their professors taught first. These differences persisted throughout the semester, even after they studied other torts. Further, these differences were observed even when the analysis controlled for law school ranking and were more pronounced among students attending the highest ranked schools.
In interpreting the survey results, the authors employ sociologist Erving Goffman’s theory of “frame analysis” and the work of cognitive psychologists including Amos Tversky and Daniel Kahneman on “anchoring.” The Article concludes that the category of tort liability to which students are first exposed affects the “frame” or “lens” through which they view the judicial process. This frame becomes anchored and persists throughout the study of other tort categories. The lessons about the nature of the judging process learned implicitly through the professor’s choice of topic sequence may be even more important than the substantive topics themselves.
Tuesday, August 7, 2012
On Monday, the United States Court of Appeals for the Ninth Circuit certified three questions to the Washington Supreme Court in a caes "perfect for a first year torts exam." McKown v. Simon Property Group Inc. (pdf) involved a shooting at the Tacoma Mall in 2005. The plaintiff, a store employee at the mall, was injured and sued the mall owner. The Ninth Circuit certified three questions concerning the scope of the mall owner's duty to protect a mall employee from the criminal acts of a third party:
1) Does Washington adopt Restatement (Second) of Torts § 344 (1965), including comments d and f, as controlling law?
2) To create a genuine issue of material fact as to the foreseeability of the harm resulting from a third party's criminal act when the defendant did not know of the dangerous propensities of the individual responsible for the criminal act, must a plaintiff show previous acts of similar violence on the premises, or can the plaintiff establish reasonably foreseeable harm through other evidence?
3) If proof of previous acts of similar violence is required, what are the characteristics which determine whether the previous acts are indeed similar?
Courthouse News Service has more on the case.
Friday, July 27, 2012
Mike Rustad (Suffolk) has posted two pieces to SSRN. First, he reviews Marshall Shapo's new book in The Myth of a Value-Free Injury Law: Constitutive Injury Law as a Cultural Battleground. The abstract provides:
This review essay critically examines Marshall Shapo’s new book, An Injury Constitution. Shapo’s new book provides a counter to simplistic arguments that torts is driving our economy into a death spiral by jackpot justice judgments in which undeserving plaintiffs collect enormous awards given by runaway juries. Drawing upon forty-six years of torts scholarship and teaching, Shapo’s pluralistic theory demonstrates how injury law reflects our culture and our inner life, as well as our aspirations to constrain bullies and the reckless acts that endanger society. In its eleven chapters, this book contends that American injury law has evolved as the functional equivalent of a constitution.
Second, from the AALS mid-year meeting last month is Tort Teaching Lessons from the BP Oil Spill. The abstract provides:
This article is drawn from my talk on the topic of "How to Teach Disaster as Part of a Torts Curriculum" at the AALS Workshop on Torts, Environment and Disaster from June 8-10, 2012, in Berkeley. This piece draws upon an informal survey I conducted in the spring of 2012 on how torts teachers employed the BP oil spill disaster (and other disasters) in their basic torts course (to illustrate topics such as the economic loss rule, legal causation, damages, and the impact of safety regulations).