TortsProf Blog

Editor: Christopher J. Robinette
Widener Commonwealth Law School

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)

Friday, May 8, 2015

JOTWELL Torts: Zipursky on Oberdiek on Contractualism and Tort Law

At JOTWELL, Ben Zipursky has posted a review of John Oberdiek's Structure and Justification in Contractualist Tort Theory.

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

Tuesday, May 5, 2015

Welcome to the Blogosphere: New Private Law

John Goldberg and Henry Smith have launched New Private Law:  Project on the Foundations of Private Law as a group blog.  As advertised, private law broadly, including contracts and property, is covered.  Torts enthusiasts should be cheered by the presence of not only Goldberg, but Keith Hylton, Tony Sebok, and Ben Zipursky as well.  Check it out!

May 5, 2015 in Weblogs | Permalink | Comments (0) | TrackBack (0)

Friday, April 3, 2015

JOTWELL: Mullenix on Robreno

At JOTWELL Courts, Linda Mullenix (Texas) reviews Judge Eduardo Robreno's contribution to Widener's Perspectives on Mass Tort Litigation symposium from April 2013.

April 3, 2015 in Conferences, Scholarship, Weblogs | Permalink | Comments (0) | TrackBack (0)

Friday, March 13, 2015

JOTWELL Torts: Engstrom on Zabinski & Black

At JOTWELL, Nora Engstrom (Stanford) reviews Zenon Zabinski and Bernard Black's The Deterrent Effect of Tort Law: Evidence from Medical Malpractice Reform.

March 13, 2015 in Scholarship, Weblogs | Permalink | Comments (0) | TrackBack (0)

Thursday, February 26, 2015

Thomas on GM, Discovery, and Juries

Over at Save Our Juries, Suja Thomas (Illinois) has a post about the role of discovery in the GM ignition litigation and a proposal to change the discovery rules.  Pursuant to the proposed rule, parties would be able to resist discovery on the grounds that the request is not "proportional" to "the needs of the case."

February 26, 2015 in Weblogs | Permalink | Comments (0) | TrackBack (0)

Thursday, February 12, 2015

JOTWELL Torts: Hylton on Klerman & Reilly

At JOTWELL, Keith  Hylton has posted his review of Daniel Klerman & Greg Reilly's Forum Selling.

February 12, 2015 in Scholarship, Weblogs | Permalink | Comments (0) | TrackBack (0)

Thursday, January 8, 2015


There are a number of terrific practitioner blogs all over the country.  Some of my favorites:

Maryland:  Maryland Injury Lawyer Blog (Ron Miller)

Pennsylvania:  Tort Talk (Daniel Cummins)

                           Litigation and Trial (Max Kennerly)

                           Drug & Device Law (Jim Beck)

Tennessee:  Day on Torts (John Day)

D.C.:  Center for Class Action Fairness (Ted Frank)

Texas:  Austin Personal Injury Blog (Perlmutter & Schuelke)

New York seems to have an especially healthy crop:

New York Personal Injury Law Blog (Eric Turkewitz)

New York Injury Cases Blog (John Hochfelder)

The New York Medical Malpractice Blog (Andy Barovick)

Now Rheingold, Valet, Rheingold, McCartney & Giuffra have launched a blog with squibs from all New York products cases (state and federal) from 2002 on.  The link is here.

January 8, 2015 in Weblogs | Permalink | Comments (1) | TrackBack (0)

Tuesday, January 6, 2015

JOTWELL Torts: Sebok on Herstein

At JOTWELL, Tony Sebok reviews Ori Herstein's How Tort Law Empowers.

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