TortsProf Blog

Editor: Christopher J. Robinette
Southwestern Law School

Friday, March 6, 2009

Personal Injury Roundup No. 27 (3/6/09)

Here is the Spring Break edition of the Roundup.  Notice it's shorter than usual.

Reform, Legislation, Policy

  • Hawaii's House Judiciary Committee approved a bill on Tuesday that could lead to caps on noneconomic damages in med mal claims against doctors in five specialties.  (Honolulu Advertiser)
  • Utah Senate gives initial passage to a bill raising the burden of proof in emergency room med mal cases to "clear and convincing" evidence.  (Salt Lake Tribune)  Arizona has attempted to pass this legislation several times.  I commented on it in this post.
  • Oklahoma House passes a tort reform bill that would, among other things, cap noneconomic damages at $300,000.  The bill moves on to the Senate.  The Governor has not yet weighed in.  (NewsOK)
  • Physicians rally in Albany for decreased med mal insurance premiums and the ability to collectively bargain with insurers.  (Times Union)

New Lawsuits

  • The Massachusetts AG's office has criminally charged a man for insurance fraud.  After legitimately breaking a tooth while eating in a restaurant, the man has collected approximately $36,000 for repeatedly making the same claim at different restaurants.  (ABA Journal)

Trials, Settlements & Other Ends

  • Chesapeake, VA settles a wrongful death case of a man hit by an animal control truck for $275,000.  (VLW Blog)
  • 9/11 settlements approved (WSJ Law Blog)



  • Although in the intellectual property context, there is a podcast available here that features a punitive damages panel including Cathy Sharkey (NYU), Thomas Colby (GW), and Dan Markel (FSU).  (Via Solove/Co-Op)


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