Mass Tort Litigation Blog

William C. Powers, Jr. (1946-2019)

Professor William C. Powers, Jr. passed away on March 10.  A torts and products liability scholar, Professor Powers served as President of the University of Texas from 2006 to 2015.  He also served as Dean of the University of Texas School of Law, and was a member of the faculty there for more than 40 years.  Among many other honors, he served as Co-Reporter for the Restatement (Third) of Torts: Apportionment of Liability and Co-Reporter for the Restatement (Third) of Torts: Liability for Physical Harm.  The University of Texas recounts his remarkable accomplishments in UT Mourns Former President William C. Powers Jr., Who Fought for the University’s Soul, noting that the university tower was darkened on March 10 in his honor as the university mourns.

Among his most influential articles related to torts and products liability were the following: The Insubstantiality of the "Substantial Factor" Test for Causation, 73 Mo. L. Rev. 399 (2008) (with Joseph Sanders and Michael D. Green); Sports, Assumption of Risk, and the New Restatement, 38 Washburn L.J. 771 (1999); Judge and Jury in the Texas Supreme Court, 75 Tex. L. Rev. 1699 (1997); Some Pitfalls of Federal Tort Reform Legislation, 38 Ariz. L. Rev. 909 (1996); Border Wars, Tex. L. Rev. 1209 (1994); What a Comparative Bad Faith Defense Tells Us About Bad Faith Insurance Litigation, 72 Tex. L. Rev. 1571 (1994); Negligence, Breach of Contract, and the "Economic Loss" Rule, 23 Tex. Tech. L. Rev. 477 (1992) (with Margaret Niver); A Modest Proposal to Abandon Strict Products Liability, 1991 U. Ill. L. Rev. 639; Distinguishing Between Products and Services in Strict Liability, 62 N.C. L. Rev. 415 (1984); and The Persistence of Fault in Products Liability, 61 Tex. L. Rev. 777 (1983).

 

51 Ex-Gymnasts Sue Olympic Committee for Negligence regarding Sexual Abuse by Team Doctor

Plaintiffs filed the complaint in federal district court in Colorado.  Article on the case, Doe v. U.S. Olympic Committee, in Bloomberg -- Ex-Gymnasts Hit Olympic Committee With Sexual Abuse Suit.

 

Bayer's Essure Suits Back to State Court Because Preemption Does Not Create Federal Question Jurisdiction

Recent ruling from the Fourth Circuit described in Bloomberg article -- Bayer Must Face Revived Essure Suit in N.C. State Court.  The article notes that as of January 28, nearly 30,000 Essure users are suing Bayer. 

Connecticut Supreme Court Decision Allowing Suit Against Gun Manufacturers for Sandy Hook Shooting

Article in Bloomberg -- Gun Industry Dealt Blow by Connecticut Court Over Sandy Hook.

Growth in Biometric Privacy Suits and Related Firm Practice Groups

Article in Bloomberg -- Surge in Biometric Privacy Suits Causes Firms to Boost Specialty.