TortsProf Blog

Editor: Christopher J. Robinette
Southwestern Law School

Thursday, September 3, 2009

Personal Injury Roundup No. 49 (9/4/09)

Reform, Legislation, Policy

  • OK:  Tort reform takes effect on 11/1, potential claimants urged to file now.  (NewsOk, via Olson/Overlawyered)
  • NY:  Tightening comparative negligence in med mal cases?  (Olson/Point of Law)
  • In support of medical checklists as tort reform.  (Day on Torts)
  • Judge Weinstein pushes for a global settlement of remaining AG Zyprexa suits.  (LegalNewsline)

New Lawsuits

  • UK:  Suit blaming birth defects on pollution is allowed to go forward (Olson/Point of Law)
  • Not yet a new lawsuit, but it might be on the way.  FDA says residue in Diet Pepsi can was a frog or toad.  (CNN)

Trials, Settlements and Other Ends

  • VA:  The Virginia Supreme Court refused a petition for appeal in a case in which the defendant was granted charitable immunity.  The parents of a 25-year-old retarded man claimed the employees of a non-stock corporation set up as a charitable organization were responsible for breaking their son's leg.  (VLW Blog)
  • MD:  Jury awards $50,000 in teen suicide against stepfather who kept a gun in the house, knowing his stepson was depressed.  (Maryland Daily Record)
  • Pfizer agrees to pay $2.3 billion for promotion of Bextra (Bernabe/Torts)



  • Ted Frank & Marie Gryphon:  Negotiating in the Shadow of 'Bad Faith' Refusal to Settle:  A Game Theory Model of Medical Malpractice Pre-Trial Settlements and Insurance Limits (SSRN)


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