TortsProf Blog

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Tuesday, December 2, 2014

JOTWELL Torts: Goldberg on Chamallas on Vicarious Liability

At JOTWELL, John Goldberg has posted a review of Martha Chamallas's Monsanto Lecture, Vicarious Liability in Torts:  The Sex Exception.

December 2, 2014 in Scholarship, Weblogs | Permalink | Comments (0) | TrackBack (0)

Tuesday, November 25, 2014

Erichson on the NFL Concussion Settlement

Over at Mass Tort Profs, Howie Erichson (Fordham) analyzes the NFL concussion settlement.  He's not in favor:

We have grown so accustomed to "settlement class actions" that we have lost sight of what is strange and troubling about them. Class actions serve an essential function in our legal system by empowering claimants in mass disputes, and I reject the knee-jerk criticisms of class actions that I  hear too often. But when the class action tool is exploited by defendants to buy peace on the cheap, and when class members are harmed by the alignment of interests between defendants and class counsel, I feel the need to speak up.

Read the full piece here.

November 25, 2014 in Sports, Weblogs | Permalink | Comments (0) | TrackBack (0)

Tuesday, November 18, 2014

Pain and Suffering Resource

I'm in the middle of teaching damages, and that reminded me of an excellent resource.  If you have never checked out John Hochfelder's New York Injury Cases Blog, it's worth your time.  John's entire focus is on covering pain and suffering verdicts in significant detail.  He examines not only the legal angles, but the medical issues as well. 

November 18, 2014 in Weblogs | Permalink | Comments (0) | TrackBack (0)

Monday, October 27, 2014

JOTWELL Torts: Keating on Geistfeld on Compensation

Greg Keating discusses Mark Geistfeld's unique theory of compensation and tort law here.

October 27, 2014 in Scholarship, Weblogs | Permalink | Comments (0) | TrackBack (0)

Monday, September 22, 2014

JOTWELL Torts: Scheuerman on Adar on Punies

Over at JOTWELL, Sheila Scheuerman reviews Yehuda Adar's Touring the Punitive Damages Forest:  A Proposed Roadmap.

September 22, 2014 in Scholarship, Weblogs | Permalink | Comments (0) | TrackBack (0)

Friday, August 8, 2014

JOTWELL Torts: Bublick on Goudkamp's "Tort Law Defences"

Ellen M. Bublick (Arizona) has a Jot on James Goudkamp's 2013 book, "Tort Law Defences."

- SBS

August 8, 2014 in Scholarship, TortsProfs, Weblogs | Permalink | Comments (0) | TrackBack (0)

Tuesday, July 15, 2014

JOTWELL Torts: Sharkey on Twerski & Henderson

Cathy Sharkey (NYU) has a Jot on Twerski & Henderson's "Fixing Failure to Warn" here.

--CJR

July 15, 2014 in Scholarship, Weblogs | Permalink | Comments (0) | TrackBack (0)

Thursday, June 12, 2014

JOTWELL Torts: Chamallas on Sheley on Informed Consent

At JOTWELL, Martha Chamallas (Ohio State) reviews Erin Sheley's (GW) Rethinking Injury:  The Case of Informed Consent.

--CJR

June 12, 2014 in Scholarship, Weblogs | Permalink | Comments (0) | TrackBack (0)

Thursday, May 15, 2014

JOTWELL: Hershovitz on Radzik on Tort and Relational Repair

At JOTWELL Torts, Scott Hershovitz (Michigan) reviews the contribution of Linda Radzik (Texas A&M-Philosophy) to Philosophical Foundations of the Law of Torts (John Oberdiek ed., 2014).

--CJR

May 15, 2014 in Scholarship, Weblogs | Permalink | Comments (0) | TrackBack (0)

Friday, April 11, 2014

Turkewitz on $9B

Here.

See also Alberto Bernabe.

--CJR

April 11, 2014 in Current Affairs, Weblogs | Permalink | Comments (0) | TrackBack (0)

Wednesday, April 9, 2014

Engstrom on Paik, Black & Hyman on Medical Liability

Thursday, March 13, 2014

Zipursky on Meltzer on Preemption

At JOTWELL, Ben Zipursky discusses Daniel Meltzer's Preemption and Textualism.

--CJR

March 13, 2014 in Scholarship, Weblogs | Permalink | Comments (0) | TrackBack (0)

Wednesday, February 26, 2014

Kennerly on Why the Transvaginal Mesh Litigation Will Be Different than Asbestos

Over at Litigation & Trial, Max Kennerly discusses the differences, using Judge Robreno's recent article in the Widener Law Journal (Download Robreno_V23I1) as a starting point.

--CJR

February 26, 2014 in Weblogs | Permalink | Comments (0) | TrackBack (0)

Friday, February 14, 2014

JOTWELL Torts: Hylton on Sebok & Wendel on Third-Party Financing

Over at JOTWELL Torts, Keith Hylton (Boston University) reviews Tony Sebok (Cardozo) & Brad Wendel's (Cornell) recent Vanderbilt Law Review piece on third-party financing of litigation.

--CJR

February 14, 2014 in Scholarship, Weblogs | Permalink | Comments (0) | TrackBack (0)

Tuesday, December 17, 2013

New York Rejects Medical Monitoring

Commentary by George Conk at Torts Today.

Updated:  And from Mark Behrens at Point of Law.

--CJR

December 17, 2013 in Weblogs | Permalink | Comments (0) | TrackBack (0)

Wednesday, July 10, 2013

Turkewitz on Perjury in PI Cases

Over at New York Personal Injury Law Blog, Eric Turkewitz has a series on perjury in PI cases:  post 1, post 2, post 3.  There have been stories in the past about fraud by plaintiffs; this series is about fraud on behalf of defendants.

--CJR

July 10, 2013 in Current Affairs, Weblogs | Permalink | Comments (0) | TrackBack (0)

Tuesday, July 9, 2013

For Readers of Alberto Bernabe's Pro Rep Blog

For those of you who follow Alberto Bernabe's Professional Responsibility blog, Alberto asked me to let you know that if you want to continue to get the updates by e-mail you will need to subscribe again.  Last night the "feed" that automatically generates the e-mail updates stopped sending e-mails to registered users.  Please take a moment to visit his blog and sign up again for the e-mail update.   If you have any questions or concerns please feel free to e-mail Alberto directly at abernabe@jmls.edu.

--CJR

July 9, 2013 in Weblogs | Permalink | Comments (0) | TrackBack (0)

Wednesday, May 22, 2013

Turkewitz on PI Advertising and Mass Accidents

Over at New York Personal Injury Law Blog, Eric Turkewitz looks at lawyer advertising in the wake of the Metro-North derailment.

--CJR

May 22, 2013 in Weblogs | Permalink | Comments (0) | TrackBack (0)

Tuesday, March 26, 2013

JOTWELL Torts: Sebok on Oberdiek--"Are Risks Wrong?"

Over at JOTWELL, Tony Sebok (Cardozo) reviews The Moral Significance of Risking by John Oberdiek (Rutgers-Camden).

--CJR

March 26, 2013 in Scholarship, Weblogs | Permalink | Comments (0) | TrackBack (0)

Friday, January 4, 2013

IL: Forum Non Conveniens & Asbestos

Over at Drug and Device Law, friend of TortsProf Brendan Kenny (Blackwell Burke) has a guest post on an Illinois Supreme Court case involving forum non conveniens in an asbestos case.

--CJR

January 4, 2013 in Weblogs | Permalink | Comments (0) | TrackBack (0)