TortsProf Blog

Editor: Christopher J. Robinette
Widener Commonwealth Law School

Tuesday, February 14, 2017

JOTWELL Torts: Sebok on Abraham & White on the Emergence of Tort Law

At JOTWELL, Tony Sebok reviews Ken Abraham & Ted White's The Transformation of the Civil Trial and the Emergence of American Tort Law

February 14, 2017 in Scholarship, Weblogs | Permalink | Comments (0)

Wednesday, January 18, 2017

OH: No Police Liability for Injuries to Innocent Bystander During Chase of Fleeing Felon

Marianna Brown Bettman has commentary at Legally Speaking Ohio.

January 18, 2017 in Current Affairs, Weblogs | Permalink | Comments (0)

Thursday, January 12, 2017

JOTWELL Torts: Hershovitz on Cornell on the Connection Between Rights and Wrongs

At JOTWELL, Scott Hershovitz reviews Nicolas Cornell's Wrongs, Rights, and Third Parties.

January 12, 2017 in Scholarship, Weblogs | Permalink | Comments (0)

Wednesday, December 14, 2016

McPeak on Tort Liability in the Sharing Economy

Agnieszka McPeak (Toledo) has posted to SSRN Sharing Tort Liability in the New Sharing Economy.  The abstract provides:

The new sharing economy is forcing policymakers to reexamine current legal structures for several highly regulated industries, including taxi services. But in addition to regulation, tort law’s ability to adapt to the new sharing economy is an equally important concern, and one that few scholars have examined to date.

Although many sharing-economy companies, like ridesharing service Uber, merely purport to connect individuals to each other for the purposes of exchanging specific services, many of these companies are monetized, for-profit businesses that exert some level of control over the underlying commercial transaction. When an individual service provider, like an Uber driver, commits a tort, the victim may be under-compensated if that individual provider alone is liable. Holding the sharing-economy company vicariously liable may be appropriate for ensuring fairness for tort victims.

Fortunately, pre-existing tort principles — particularly vicarious liability concepts of respondeat superior, liability for independent contractors, and joint enterprise liability — already provide the framework for applying retrospective common law remedies in the sharing-economy context. Even though sharing-economy companies challenge the status quo with their innovative and non-traditional business approaches, pre-existing principles suffice to clarify tort liability in this new context. By liberally using the basic analysis and underlying policy rationales of existing vicarious liability concepts in particular, courts can ensure fairness under modern tort law, and policymakers can proceed with a holistic understanding of how retrospective remedies are well-poised to address some of the unique issues raised by the new sharing economy.

She's also blogging at Prawfs.

December 14, 2016 in Scholarship, Weblogs | Permalink | Comments (0)

Thursday, December 1, 2016

JOTWELL Torts: Goldberg on Goudkamp & Murphy on Tort Theory

At JOTWELL, John Goldberg reviews James Goudkamp & John Murphy's The Failure of Universal Theories of Tort Law.

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

Tuesday, November 1, 2016

JOTWELL Torts: Scheuerman on Janssen on a Duty to Sell Life-Saving Medicine

Over at JOTWELL, Sheila Scheuerman has a review of William Janssen's A "Duty" to Continue Selling Medicines.

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

Thursday, September 29, 2016

JOTWELL Torts: Keating on Ewing on Corporate Responsibiilty and the Structure of Tort Law

Monday, August 22, 2016

JOTWELL Torts: Bublick on Nolan on Preventive Damages

Over at JOTWELL, Ellie Bublick reviews Donal Nolan's Preventive Damages.

August 22, 2016 in Scholarship, Weblogs | Permalink | Comments (0)

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)