TortsProf Blog

Editor: Christopher J. Robinette
Widener Commonwealth Law School

Friday, July 1, 2016

JOTWELL Torts: Chamallas on Swan on Bystanders and Bullies

Martha Chamallas reviews Sarah Swan's Bystander Interventions at JOTWELL.

July 1, 2016 in Scholarship, Weblogs | Permalink | Comments (0)

Thursday, May 26, 2016

JOTWELL Torts: Geistfeld on Eisenberg & Engel on Empirical Data and Negligence

Tuesday, April 26, 2016

JOTWELL Torts: Engstrom on Radin on Boilerplate

Over at JOTWELL, Nora Engstrom reviews Margaret Jane Radin's Boilerplate:  The Fine Print, Vanishing Rights, and the Rule of Law.

April 26, 2016 in Books, Scholarship, Weblogs | Permalink | Comments (0)

Monday, March 28, 2016

JOTWELL Torts: Zipursky on Dorfman on Assumption of Risk and Junk Food

At JOTWELL, Ben Zipursky reviews Avi Dorfman's Assumption of Risk, After All.

March 28, 2016 in Scholarship, Weblogs | Permalink | Comments (0)

Wednesday, March 9, 2016

NPL: Most-Cited Torts Articles of the Past 25 Years

At New Private Law, Ted Sichelman has compiled a list of the most-cited torts articles of the past 25 years.

March 9, 2016 in Scholarship, TortsProfs, Weblogs | Permalink | Comments (0)

Wednesday, February 24, 2016

JOTWELL Torts: Bublick on Abraham & White, Robinette on Prosser

Over at JOTWELL, Ellie Bublick has reviewed Ken Abraham and Ted White's Prosser and His Influence and my first Prosser Letters piece.

February 24, 2016 in Scholarship, Weblogs | Permalink | Comments (0)

Friday, January 29, 2016

JOTWELL Torts: Sharkey on Gifford & Jones on Racism in Tort Law

Monday, January 18, 2016

Torts Today: Schorr on Holmes and Water Pollution

At Torts Today, George Conk has posted a piece by David Schorr (Tel Aviv University) on Holmes's decision in Missouri v. Illinois (1906), in which Missouri sued Illinois for Chicago's reversal of the Chicago River.  Holmes ruled for Missouri essentially on causation (and Schorr argues, a bit of distributive justice).

January 18, 2016 in Weblogs | Permalink | Comments (0)

Wednesday, November 25, 2015

Stein & Fox on Military Medical Malpractice

I referenced the Feres Doctrine yesterday.  Over at Bill of Health, there is a post about an amicus brief filed by Alex Stein and Dov Fox urging the Supreme Court to grant cert in a Tenth Circuit case, Ortiz v. U.S.:

When a civilian spouse of a serviceman receives negligent prenatal care from military doctors and delivers an injured baby as a result of that malpractice, there is no question that Feres immunity does not apply and that the baby can sue the United States under the FTCA. When military medical malpractice injures the baby of a servicewoman, this baby should be equally able to obtain redress under the FTCA.  A system that would single out the civilian children of servicewomen for adverse treatment discriminates against women who serve in the armed forces. . . To interpret the FTCA as the Tenth Circuit did permits discrimination between these two classes of similarly situated victims of military malpractice and violates fundamental principles of equal protection.

The brief is here:  Download OrtizAmicusSteinFox

November 25, 2015 in Current Affairs, Weblogs | Permalink | Comments (0)

Thursday, November 19, 2015

Med Mal Protections Do Not Apply to Sexual Assault Incidental to Medical Treatment

On Monday, I posted about defendants attempting to use med mal tort reform protections to make it harder to recover for falls in hospitals.  In a similar vein is a recent Alabama case in which a doctor attempted to invoke a prohibition against discovering and introducing at trial evidence of other malpractice to avoid the admission of the evidence as modus operandi (FRE 404(b)(2) or state equivalent).  The claim, however, was that the doctor had sexually assaulted the plaintiff during the course of medical treatment.  In Ex parte Vanderwall, — So.3d —- 2015 WL 5725153 (Ala. 2015), the Alabama Supreme Court held the prohibition only applies in med mal cases, which do not include cases of sexual assault.  The plaintiff was, therefore, able to use past instances of sexual misconduct incidental to medical treatment as proof that the doctor responsible for that misconduct assaulted her as well.  Alex Stein has more blogging at Harvard's Bill of Health. 

November 19, 2015 in Legislation, Reforms, & Political News, Weblogs | Permalink | Comments (0)

Tuesday, November 17, 2015

JOTWELL Torts: Scheuerman on Perry on Pluralism

At JOTWELL, Sheila Scheuerman reviews Ronen Perry's Pluralistic Legal Theories:  In Search of a Common Denominator.

November 17, 2015 in Scholarship, Weblogs | Permalink | Comments (0)

Thursday, November 12, 2015

New Private Law: Goldberg & Zipursky on Universities' Duty to Protect Students

At New Private Law, John Goldberg & Ben Zipursky take issue with a recent California opinion reiterating the position that universities have no duty to protect adult students from violent acts by other students.

November 12, 2015 in Weblogs | Permalink | Comments (0)

Friday, November 6, 2015

Pribetic & Randazza on Internet Defamation in the U.S. and Canada

Antonin I. Pribetic (Himelfarb Proszanski) and Marc J. Randazza (Randazza Legal Group) have posted to SSRN 'War of the Words':  Differing Canadian and American Approaches to Internet Defamation.  The abstract provides:

This article provides a comparative analysis of differing approaches to Canadian and American internet defamation law. It begins with a discussion of the elements of a cause of action and available defences. It then canvasses jurisdiction and choice of law issues. Following a review of notice requirements and limitation periods, it provides the mechanics for unmasking anonymous defendants – John Doe applications, Norwich Pharmacal orders, injunctive relief. Finally, the paper outlines the key legal issues in the recognition and enforcement of Canadian and American cyberlibel judgments abroad, within the context of the libel tourism debate.

November 6, 2015 in Scholarship, Weblogs | Permalink | Comments (0)

Wednesday, October 21, 2015

JOTWELL Torts: Goldberg on West on Gatsby and Tort

At JOTWELL, John Goldberg reviews Robin West's Gatsby and Tort.

October 21, 2015 in Scholarship, Weblogs | Permalink | Comments (0)

Tuesday, September 15, 2015

JOTWELL Torts: Keating on Dorfman on Negligence

Friday, August 28, 2015

New Private Law: Posts by Goldberg & Zipursky, Hylton

Over at New Private Law, there are two recent torts posts:

John Goldberg & Ben Zipursky discuss the duty/breach distinction in a post about a recent Second Circuit decision, Munn v. Hotchkiss.

Keith Hylton jumps into the recent discussion about tort law and discriminatory damages in his post (see the comment by Ronen Avraham).

August 28, 2015 in Weblogs | Permalink | Comments (0)

Monday, August 3, 2015

JOTWELL Torts: Chamallas on Priaulx

Martha Chamallas reviews Nicky Priaulx's Injuries That Matter:  Manufacturing Damage in Negligence at JOTWELL.

August 3, 2015 in Scholarship, Weblogs | Permalink | Comments (0)

Tuesday, July 21, 2015

Dernbach on the Netherlands Climate Change Case

John Dernbach is blogging at the American College of Environmental Lawyers about last month's case from The Hague District Court requiring the Netherlands to reduce carbon emissions by 25% below 1990 levels by 2020.

July 21, 2015 in Current Affairs, Weblogs | Permalink | Comments (0)

Wednesday, July 8, 2015

JOTWELL Torts: Hershovitz on Enoch on Tort and Responsibility

At JOTWELL Torts, Scott Hershovitz reviews David Enoch's Tort Law and Taking Responsibility in Philosophical Foundations of the Law of Torts (John Oberdiek, ed., 2014).

July 8, 2015 in Scholarship, Weblogs | Permalink | Comments (0)

Tuesday, July 7, 2015

JOTWELL Torts: Geistfeld on Laakmann on Tort and Medical Innovation

Over at JOTWELL Torts, Mark Geistfeld reviews Anna Laakmann's When Should Physicians Be Liable for Innovation?.

July 7, 2015 in Scholarship, Weblogs | Permalink | Comments (0)