TortsProf Blog

Editor: Christopher J. Robinette
Widener Commonwealth Law School

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Tuesday, January 25, 2011

Masters of Tort Law Series

As we mentioned back in November, we are introducing a new feature at TortsProf in conjunction with the AALS Torts & Compensation Section, chaired by Mike Rustad (Suffolk).   Many of you may be familiar with Mitch Albom's popular book, Tuesdays With Morrie.  In the book, Albom rediscovered his former college professor and mentor Morrie Schwartz.  Albom visited Schwartz in his study every Tuesday for the rest of Schwartz's life.  The book captures the wit and wisdom of these visits.

Beginning next week, we invite you to join us for the "Tuesdays With...." series, featuring conversations with senior Torts professors who have been nominated as "Masters of Tort Law."   

- TortsProfs

January 25, 2011 in TortsProfs | Permalink | Comments (0) | TrackBack (0)

Tuesday, January 11, 2011

Congratulations to Alexandra Lahav!

Congratulations to Alexandra Lahav, our colleague over at Mass Tort Litigation Blog!   She has been named the recipient of the First Annual Fred Zacharias Scholarship Prize for her article Portraits of Resistance:  How Lawyers Respond to Unjust Proceedings, 57 UCLA L. Rev. 725 (2010). The abstract provides:

This Article considers a question rarely addressed: what is the role of the lawyer in a manifestly unjust procedural regime? Many excellent studies have considered the role of the judge in unjust regimes, but the lawyer’s role has been largely ignored. This Article draws on two case studies: that of lawyers representing civil rights leaders during protests in Birmingham, Alabama in 1963 and that of lawyers representing detainees facing military commission proceedings in Guantánamo Bay, Cuba. These portraits illuminate the role of the lawyer in a procedurally unjust tribunal operating within a larger liberal legal regime such as our own.

The purpose of the Article is to paint a landscape of lawyer resistance to procedural injustice that can be used as a basis for further inquiry. The Article considers hard questions about lawyer participation in unjust tribunals such as whether lawyers who participate in unjust tribunals are complicit in injustice and what lawyers can do in the face of an unjust procedural regime. It presents a new way of understanding the forms of lawyer resistance to injustice. The Article demonstrates that complicity and resistance are not on opposite poles of human behavior within organizational systems. Rather, there is a dualistic interplay between complicity and resistance. Acts that appear to be resistance can be perceived as complicit, and acts that appear to be complicit can result in powerful forms of resistance. The Article also explores some questions raised by this analysis, such as what are the lawyer’s responsibilities to society and to his or her client and whether lawyers can know when a tribunal is so unjust as to merit resistance. It concludes by considering avenues for further research.

Thanks to Legal Ethics Forum for the info.

- SBS

January 11, 2011 in Scholarship, TortsProfs | Permalink | Comments (0) | TrackBack (0)

Tuesday, December 14, 2010

Robinette Named Editor of Volume 6 of Appleman's Insurance

TortsProf's own Chris Robinette is the editor for Volume 6 of the venerable treatise, Appleman on Insurance (Law Library Edition) (Lexis Nexis 2011).  In addition to editing the volume, Robinette will also be writing the introduction.   Volume 6 will focus on the topic of automobile insurance.  As new volumes of the New Appleman Library Edition are published, corresponding volumes of Appleman on Insurance 2d and Appleman Insurance Law and Practice will be retired.

- SBS

December 14, 2010 in Scholarship, TortsProfs | Permalink | Comments (0) | TrackBack (0)

Tuesday, November 23, 2010

The Oxford Introductions to U.S. Law: Torts

John C.P. Goldberg (Harvard) and Ben Zipursky (Fordham) are co-authors of The Oxford Introductions to U.S. Law: Torts:

Torts--personal injury law--is a fundamental yet controversial part of our legal system. The Oxford Introductions to U.S. Law: Torts provides a clear and comprehensive account of what tort law is, how it works, what it stands to accomplish, and why it is now much-disputed. Goldberg and Zipursky--two of the world's most prominent tort scholars--carefully analyze leading judicial decisions and prominent tort-related legislation, and place each event into its proper context. Topics covered include products liability, negligence, medical malpractice, intentional torts, defamation and privacy torts, punitive damages, and tort reform.

Harvard Law School has a video discussion with Professor Goldberg about the book.

- SBS

 

November 23, 2010 in Science, TortsProfs | Permalink | Comments (0) | TrackBack (0)

Tuesday, October 26, 2010

"The Torts Scholarship of Richard Epstein"

The current issue of the Journal of Tort Law is now available.  The issue is a tribute to the torts scholarship of Richard Epstein.  With an introduction by editors Jules Coleman and John Goldberg, the issue features articles by Joshua Getzler, Jill Horwitz, and Benjamin Zipursky, and a comment by David Owen, as well as a reply by Professor Epstein that revisits and restates the hugely influential account of tort law that he has developed since the publication of his landmark 1973 article, A Theory of Strict Liability.

Thanks to John Goldberg for the info.

- SBS

 

 

 

October 26, 2010 in Scholarship, TortsProfs | Permalink | Comments (0) | TrackBack (0)

Monday, October 25, 2010

Paul Steven Miller

The New York Times reports that law professor and disability rights advocate Paul Steven Miller passed away at home last Tuesday.  The obituary there does a better job than I can at describing his many accomplishments, both within and outside the academy.

Professor Miller started teaching at the University of Washington at the same time I started teaching, as I recall, and we met at a new law teacher's seminar put on by AALS, I think.  We exchanged e-mails periodically talking about teaching Torts -- he was an innovative teacher, developing extensive wikis for his classes, among other things -- and about life as a law professor.  While he was certainly best-known for his work in the arena of disability law, he was an enthusiastic Torts prof and utterly dedicated to his teaching.  I was pleased when he took a position with the Obama administration, and even happier when he returned to teaching.  Getting a drink with Paul was something I looked forward to every year at AALS. 

Paul was 49 years old and is survived by his wife and two young daughters.

--BC

October 25, 2010 in TortsProfs | Permalink | Comments (0) | TrackBack (0)

Saturday, October 23, 2010

Introducing Guest Blogger James R. Hackney, Jr.

Hackney2

Monday's Guest Blogger is James R. Hackney, Jr., Professor of Law and Faculty Director of Research at Northeastern University School of Law, where he teaches in the areas of torts, corporate finance, corporations, critical race theory, and law and economics. 

Professor Hackney’s research focuses on intellectual history, torts, the mutual fund industry, law and economics, and critical race theory. He is the author of the acclaimed book, Under Cover of Science: American Legal-Economic Theory and the Quest for Objectivity (Duke University Press, 2007).   Selected publications include Book Review, “On Markets and Regulation: Richard Posner’s Conservative Pragmatist Evolution” (reviewing Richard Posner’s A Failure of Capitalism: The Crisis of ’08 and the Descent into Depression), 3 Law and Financial Markets Review 539 (2009); “Duties of Fund Directors Under State Law,” Fund Governance: Legal Duties of Investment Company Directors. Robertson, ed. Law Journal Press, 2005; “Ideological Conflict, African American Reparations, Tort Causation and the Case for Social Welfare Transformation,” 84 Boston University Law Review 1193 (2004); “Law and Neoclassical Economics Theory: A Critical History of the Distribution/Efficiency Debate,” 32 Journal of Socio-Economics 361 (2003); “Law and Neoclassical Economics: Science, Politics and the Reconfiguration of American Tort Law Theory,” 15 Law and History Review 275 (1997); “The Intellectual Origins of American Strict Products Liability: A Case Study in American Pragmatic Instrumentalism,” 39 American Journal of Legal History 443 (1995); and “A Proposal for State Funding of Municipal Tort Liability,” 98 Yale Law Journal 389 (1988).

In 1997-98, Professor Hackney was a Visiting Professor of Law and John M. Olin Fellow at the University of Southern California.  He also has taught as a Visiting Professor at Boston University School of Law and Harvard Law School.  Professor Hackney has served on the Executive Committee for the AALS Torts & Compensation Systems Section, and was Co-Chair of the AALS Socio-Economics Section.   In 2003 & 2005, he was named Teacher of the Year.  Prior to joining the Northeastern faculty, Professor Hackney was an associate with the Los Angeles law firm of Irell & Manella.

- SBS

 

 

October 23, 2010 in Guest Blogger, TortsProfs | Permalink | Comments (0) | TrackBack (0)

Wednesday, October 20, 2010

Vanderbilt Announces Memorial Arrangements for Professor Nagareda

As we all continue to mourn the loss of Professor Richard Nagareda, who passed away unexpectedly on Friday, October 8, 2010, Vanderbilt has announced a memorial to be held November 12th at Vandy:

Vanderbilt Law School is hosting a celebration of Richard Nagareda's life on Friday, November 12, at 4:00 p.m. in the Flynn Auditorium, with a reception to follow. We invite you to join us.

Parking for visitors who want to attend the memorial will be available in Lot 5B, which is located directly across from the law school at the intersection of 21st Avenue and Broadway.

Alumni, friends and former colleagues are invited to honor Professor Nagareda by sharing your memories of him with us. You may send your tributes via email to grace.renshaw@vanderbilt.edu for posting on a private web page set up for alumni and friends, or mail your tribute or a letter of condolence with a note indicating whether you’d like your tribute posted online or only forwarded to Richard’s family to us at:

Vanderbilt University Law School/Nagareda Memorials
Dean’s Office
131 21st Ave. South
Nashville, TN 37203

You may also honor Richard by donating to a memorial fund we have established at the family's request to support a student scholarship by clicking here by sending a check to us at the address above.

Vanderbilt also has provided a detailed obituary listing the many accomplishments of Professor Nagareda.

- SBS

October 20, 2010 in Current Affairs, TortsProfs | Permalink | Comments (0) | TrackBack (0)

Sunday, October 10, 2010

In Memoriam: Richard Nagareda (1963-2010)

I am very sorry to report the untimely death of one of the great minds in mass tort litigation, Richard Nagareda.   According to the Vanderbilt notice, Professor Nagareda died suddenly at his home on Friday October 8, 2010.   Vanderbilt released the following statement:

“Richard was a personal friend as well as an esteemed colleague, and those of us who were fortunate enough to know him and work with him for the past several years are devastated by his death,” Dean Chris Guthrie said. “The legal academy has lost a gifted scholar, and our students an extremely talented teacher. Our faculty members have lost a good friend and exemplary colleague, and his family a beloved husband, father and son."

We were lucky to have Professor Nagareda guest blog here at TortsProf last spring.  His guest blog piece explored "Developments in the Resolution of Mass Torts: The New Face of Client Consent."

H/T to Legal Ethics Forum and Leiter Law School Reports.

- SBS

October 10, 2010 in TortsProfs | Permalink | Comments (0) | TrackBack (0)

Thursday, October 7, 2010

Introducing Guest Blogger Lester Brickman

Brickman (2) Monday’s Guest Blogger is Lester Brickman, Professor of Law and former Acting Dean at the Benjamin N. Cardozo School of Law, where he teaches contracts and legal ethics.  He has written extensively on legal ethics and his writings have been widely cited in treatises, casebooks, scholarly journals and judicial opinions. Among his areas of specialty are contingency fees and their effect on the tort system, mass tort litigation, asbestos litigation, regulation of attorney fees in the tobacco litigations, fee arbitration, and class actions.

 Professor Brickman is publishing a book on contingency fees due out in January 2011:  Lawyer Barons: What Their Contingency Fees Really Cost America (Cambridge Univ. Press).  The book is a broad and deep inquiry into how contingency fees distort our civil justice system, influence our political system and endanger democratic government.  While the public senses that lawyers manipulate the civil justice system to serve their own ends, few are aware of the high costs that come with contingency fees.   This book, which distills 20 years of Professor Brickman’s research, sets out to change that, providing a window into the seamy underworld of contingency fees that the bar and the courts not only tolerate but even protect and nurture.  Contrary to a broad academic consensus, the book argues that the financial incentives for lawyers to litigate are so inordinately high that they perversely impact our civil justice system and impose other unconscionable costs.  It thus presents the intellectual architecture that underpins all tort reform efforts.

Professor Brickman also has written extensively on asbestos litigation.  His articles and testimony before the Senate Judiciary Committee and a subcommittee of the House Judiciary Committee have been influential in directing attention to critical asbestos litigation abuses. He has been acknowledged by four federal courts as an expert on the history of asbestos litigation, asbestos bankruptcy trusts and the effect of tort reform on future asbestos claim generation. In early 2005, President George W. Bush introduced Professor Brickman to an audience in McComb County, Michigan, as an expert on asbestos litigation issues and asked Professor Brickman to explain the need for a legislative solution for asbestos litigation abuses.

Professor Brickman has been widely quoted in the press on lawyer fee issues as well as on tort reform issues. He has testified before Congress on the delivery of legal services, asbestos litigation, contingency fee abuses generally and in tobacco litigation and on the constitutionality of congressional regulation of fees in tobacco litigation.  He has served on the professional responsibility committees of the New York State and City bar associations and on the Professional and Judicial Ethics committee of the Association of the Bar of the City of New York.  Professor Brickman is a graduate of Carnegie-Mellon University, the University of Florida Law School and has a Masters in Law degree from the Yale Law School.

- SBS

October 7, 2010 in Guest Blogger, TortsProfs | Permalink | Comments (0) | TrackBack (0)

Wednesday, September 15, 2010

Prof. Richard Cole

I am sad to report that TortsProf Richard Cole, of my institution (Western New England) passed away over the weekend.  Dick began teaching at the School of Law in 1976, and, over the years, taught Torts, Toxic Torts, and various other courses related to civil litigation.  A graduate of the University of Pennsylvania and the University of Michigan Law School, Dick also taught at Detroit College of Law and visited at Oxford.

I join Dean Gaudio, as do all of my colleagues, in grieving the loss of a colleague and friend.  Dick was a gentle, caring, and inquisitive professor and colleague, and he touched countless lives.

--BC

September 15, 2010 in TortsProfs | Permalink | Comments (1) | TrackBack (0)

Tuesday, August 10, 2010

Indiana-Indianapolis Advertises a Torts Position

Andy Klein passes on that Indiana-Indianapolis is hiring.  The AALS ad follows:

 

INDIANA UNIVERSITY SCHOOL OF LAW-INDIANAPOLIS invites applications from entry-level and experienced candidates for tenure-track and tenured appointments beginning in the 2011-2012 academic year.  The law school seeks colleagues with distinguished academic records who are committed to excellence in teaching, scholarship, and service.  Our curricular needs include Torts, Criminal Law and Procedure, Evidence, Commercial Law, Conflict of Laws, Trusts and Estates and Tax.

Indiana University School of Law - Indianapolis also anticipates making a long-term contract clinical appointment for 2011-2012. Candidates with clinical teaching experience in the civil area and with at least five years of practice experience are encouraged to apply.  The appointment requires an Indiana law license or the ability to be licensed to practice law in Indiana upon appointment. It is possible that this appointment might include administrative duties with respect to experiential learning. 

We are strongly committed to achieving excellence through intellectual diversity and strongly encourage applications from persons of color, women, persons with disabilities, the LGBT community, and members of other groups that are under-represented on university faculties.  The law school is an Equal Opportunity/Affirmative Action Institution and offers domestic partner benefits. For more information about the school, visit http://indylaw.indiana.edu/.  To apply, contact Professor María Pabón López, Chair, Faculty Recruitment Committee, Indiana University School of Law-Indianapolis, 530 West New York Street, Indianapolis, IN 46202-3225; (317) 278-8440; facapps@iupui.edu.  Individuals who require a reasonable accommodation in order to participate in the application process must notify Professor López a reasonable time in advance.

--CJR

August 10, 2010 in TortsProfs, TortsProfs Moves | Permalink | Comments (0) | TrackBack (0)

Monday, June 28, 2010

Reminder- Prosser Award Nominations Deadline Coming Up

From Mike Rustad:

Dear Section Members:

The Torts and Compensation Systems section of the American Association of Law Schools (AALS) is soliciting nominations for the William L. Prosser Award for 2011.  The Prosser award "recognize[s] outstanding contributions of law teachers in scholarship, teaching and service in ... torts and compensation systems ...."   The three most recent distinguished recipients are  Oscar Gray, Dan Dobbs, and Robert Rabin.  Past recipients also include luminaries such as  Leon Green, Wex Malone,  and John Wade. 

Any law professor is eligible to nominate another law professor for the award.  Selection of the recipient will be made by members of the Executive Committee of the Torts and Compensation Systems Section, based on the recommendation of a special selection committee.  The announcement of the award will be made at the annual AALS meeting in January, 2011.   

Nominations, accompanied by a brief supporting statement, should be submitted to Prof. Michael L. Rustad, Chair Elect of the Executive Committee, either by regular mail or e-mail  at profrustad [at] aol.com.   Since I am in Sweden teaching at the University of Lund until July 14, I will extend the period of nomination until July 20, 2010.   Nominations must be received no later than 5 pm eastern time (U.S.) on July 20, 2010.  E-mail submissions at profrustad [at] aol.com are preferred.   Under our section’s policy for the Prosser award, all letters must be accompanied by a letter of support via email or hard copy at the address below:

Michael L. Rustad

Thomas F. Lambert Jr. Professor of Law &

Co-Director of the Intellectual Property Law Concentration

Suffolk University Law School

120 Tremont Street, Boston, Massachusetts 02108-4977

June 28, 2010 in TortsProfs | Permalink | Comments (0) | TrackBack (0)

Wednesday, June 23, 2010

Calnan Named to Professorship

Congratulations to Alan Calnan, who has been named the 2010-2011 Irwin R. Buchalter Professor of Law at Southwestern Law School.  The announcement is here.

--CJR

June 23, 2010 in TortsProfs | Permalink | Comments (0) | TrackBack (0)

Monday, June 14, 2010

Your Input Needed On Law Review Survey

Lucy McGough (LSU), James Bowers (LSU), and Richard Wise (UND - Psychology) are trying to assess the current system of student-run law reviews:

For the last several decades, there has been much controversy and discussion about how well the current system of student run law reviews and journals meet the needs of legal scholars, the legal profession, and its student members and how they can be improved. Despite the significance of this controversy, no one has determined the legal community's opinions about them.

The purpose of the present survey is to assess: (1) What law professors, attorneys, judges, and law  review editors think about the current system of student run law reviews and journals; (2) Whether reforms are needed; and (3) If reforms are needed, what they should be.

We are asking for your help with this important survey because the success of any survey depends in large part on the number of people who complete the survey. The present survey is completely anonymous and confidential and only takes about 15-20 minutes to complete. The results of the survey will be reported in a law review article. A link for the survey is enclosed below:


http://www.surveymonkey.com/s/SVJXVNW 

Thank you very much for considering our request.

 

- SBS



June 14, 2010 in TortsProfs | Permalink | Comments (2) | TrackBack (0)

Thursday, May 27, 2010

Andy Popper Named American University Scholar-Teacher of the Year

American University President Neil Kerwin has recognized TortsProf Andy Popper as the university's Scholar-Teacher of the Year for 2010.  Congratulations to Andy!

--CJR

May 27, 2010 in TortsProfs | Permalink | Comments (0) | TrackBack (0)

Thursday, March 4, 2010

Introducing Guest Blogger Michael McCann

072408-mcannFaculty   Michael McCann is an Associate Professor of Law at Vermont Law School, where he teaches sports law, antitrust, torts, and sales.  He also teaches a sports law reading group at Yale Law School.

McCann is also a Legal Analyst for Sports Illustrated and the “Sports and the Law” Columnist on SI.com.  He has received recognition from The American Lawyer and the Newhouse School of Public Communications for excellence in journalism.

McCann is also Co-Founder of the Harvard Law School Project on Law and Mind Sciences and the Distinguished Visiting Hall of Fame Professor of Law at Mississippi College School of Law, where he was an Assistant Professor of Law between 2005 and 2008 and where he now teaches a sports law class every summer. During his three-year tenure at Mississippi, Professor McCann received the school's most prestigious teaching awards, including the Professor of the Year Award in 2007 and 2008 and the Shirley Norwood Jones Faculty Award, also in 2008.

In the fall of 2008, McCann was a Visiting Associate Professor of Law at Boston College Law School, where he taught sports law and administrative law, and served as Chair of the AALS Section on Sports and the Law.

McCann has placed scholarly pieces in the Yale Law Journal, Wisconsin Law Review, and the Connecticut Law Review, among other publications. His most recent article is American Needle v. NFL: An Opportunity to Reshape Sports Law, 119 YALE LAW JOURNAL 726 (2010).

Prior to becoming a law professor, McCann served as counsel to college football star Maurice Clarett in his lawsuit against the National Football League and its age eligibility rule. He also served as a Visiting Researcher at Harvard Law School and Legal Counsel to U.S. Congressman Marty Meehan.

McCann has been frequently interviewed on television programs, including HBO's Bob Costas Now, CNN's The Situation Room with Wolf Blitzer, American Morning, Headline News, and Glenn Beck Show, Fox News' Fox Live Desk, and CNBC's Morning Call and Power Lunch.  He is also a legal correspondent for the nationally syndicated Dan Patrick Show.

- SBS

March 4, 2010 in Guest Blogger, TortsProfs | Permalink | Comments (0) | TrackBack (0)

Tuesday, March 2, 2010

Torts Visitor Opening at FIU

From Howard Wasserman (FIU) comes news of a torts visitor opening at Florida International University in Miami:

 

Florida International University College of Law invites

applications from candidates for one or more visiting

faculty positions beginning in Fall 2010. Areas of

curricular preference include Property, Criminal Law,

Torts, Environmental Law, And Trusts and Estates. Visits

could be for either the fall or spring semester or for the

full year.

 

ABOUT FIU COLLEGE OF LAW:

Part of Miami's public research university, the College of

Law is a dynamic urban law school with approximately 600

students. FIU College of Law was established in 2000,

enrolled its first class in 2002, and currently has 30

full-time faculty members. In the spring of 2007, the FIU

College of Law moved into a new state-of-the-art building

at the heart of the main university campus. Over the past

two years, our FIU on-campus community has been enriched

through the addition of a new medical school and the

construction of the Frost Art Museum.

 

The FIU community and the College of Law are strongly

committed to the pursuit of excellence and the goal of

ensuring opportunities within the legal profession for

individuals who represent different groups as defined by

race, ethnicity, gender, sexual orientation, socioeconomic

background, age, disability, national origin, and religion.

 

 

APPLICATION PROCEDURE:

Applicants should have a J.D. degree; applicants with

additional advanced degrees are also encouraged to apply.

Applicants must possess a strong commitment to teaching and

a record or the promise of outstanding scholarship.

Applicants interested in joining the FIU College of Law

faculty as a visiting faculty member should send a cover

letter expressing interest and a resume to:

 

CONTACT:    Associate Dean Joelle Moreno

    Chair - Faculty Appointments Committee

    Florida International University

    College of Law

    11200 S.W. 8th Street

    Miami, FL 33199

You may also send application materials electronically to

Email: jmoreno@fiu.edu

 

 

FURTHER INFORMATION:

For more information, please visit our website at:

    http://law.fiu.edu

Florida International University encourages applications

from candidates who would continue to enhance the diversity

of our College of Law faculty and university community and

does not discriminate on the basis of race, color, national

origin, ancestry, sex, disability, religion, age, sexual

orientation or veteran status in its education and

employment programs or activities. FIU is also a member of

the State University System and an Equal Opportunity, Equal

Access, Affirmative Action Employer.

- SBS

March 2, 2010 in Teaching Torts, TortsProfs, TortsProfs Moves | Permalink | Comments (0) | TrackBack (0)

Tuesday, February 16, 2010

Prosser Award Nominations

The Torts and Compensation Systems section of the American Association of Law Schools (AALS) is soliciting nominations for the William L. Prosser Award for 2011.  The award "recognize[s] outstanding contributions of law teachers in scholarship, teaching and service in ... torts and compensation systems ...."   The three most recent distinguished recipients are  Oscar Gray, Dan Dobbs, and Robert Rabin.  Past recipients also include luminaries such as  Leon Green, Wex Malone,  and John Wade.

Any law professor is eligible to nominate another law professor for the award.  Selection of the recipient will be made by members of the Executive Committee of the Torts and Compensation Systems Section, based on the recommendation of a special selection committee.  The announcement of the award will be made at the annual AALS meeting in January, 2011.   

 

Nominations, accompanied by a brief supporting statement, should be submitted to Prof. Michael L. Rustad, Chair Elect of the Executive Committee, either by regular mail or e-mail  at profrustad [at] aol.com.  Nominations must be received no later than 5 pm eastern time (U.S.) on July 1, 2010.  E-mail submissions at profrustad [at] aol.com are preferred.   If you prefer to mail the nominations, please send them to the address below:

 

Michael L. Rustad
Thomas F. Lambert Jr. Professor of Law &
Co-Director of the Intellectual Property Law Concentration
Suffolk University Law School
120 Tremont Street, Boston, Massachusetts 02108-4977
Tel: 617-573-8190

 

- SBS

February 16, 2010 in TortsProfs | Permalink | Comments (0) | TrackBack (0)

Tuesday, February 2, 2010

Toyota's Lawsuit Problem

In the aftermath of sudden acceleration problems and a recall, Toyota is facing a stream of lawsuits.  A recent Reuters piece quotes two lawprofs (and future TortsProf guest bloggers), David Owen (South Carolina) and James Henderson (Cornell), on the issue. 

Owen focused on the duty to warn issue:

"The grounds to sue are that there was a design defect, regardless of what Toyota may do to mop up the consequences, and the possibility that a post-sale warning was delayed too long," he said.

"If it turned out that Toyota delayed the recall beyond the point when a reasonable manufacturer would have done so, then punitive damages in substantial amounts might be available to whoever was physically injured," Owen added.

Henderson (I'm assuming this is James Henderson at Cornell, not "Frank") addressed the basic lack of recovery for fear of injury alone:

"In a significant majority of states, there is no remedy for mental upset and fright, absent a consequential injury to people or property caused by the defect," said Frank Henderson, a Cornell Law School professor and product liability expert.

The entire article is here.

--CJR

February 2, 2010 in Products Liability, TortsProfs | Permalink | Comments (0) | TrackBack (0)