TortsProf Blog

Editor: Christopher J. Robinette
Southwestern Law School

Friday, December 11, 2009

Personal Injury Roundup No. 60 (12/11/09)

Reform, Legislation, Policy

  • GAO issues report on FDA drug oversight.  (AP/Google news)
  • Betcha didn't know that the pending health care bills would require chain restaurants and vending machines to post nutritional information. (USA Today)
  • FDA widens radiation overdose in LA-area hospitals. (LA Times, PopTort)
  • Regulation of direct-to-consumer drug advertising? (St. Louis Post-Dispatch)
  • CPSC releases report on Chinese drywall.  (Mass Tort Defense)

New Lawsuits

  • Estate of woman killed by driver talking on cell phone sues driver's phone service providers. (NY Times, Injured).  Russell Jackson responds
  • Family of father and son killed on NY highway last summer by drunk, wrong-way driver sue driver's estate.  (NY Post)
  • Parents of high school senior who committed suicide after "sexting" incident sue school for negligence.  (eSchoolnews)

Trials, Settlements and Other Ends

  • Judge Weinstein dismisses pre-paid cell phone class action. (Jackson)
  • NY judge dismisses action as frivolous where doctor sued opposing expert in prior med mal cases - and also sanctions the plaintiff and his counsel. (Turkewitz)


  • Seventh Circuit affirms dismissal of negligence claim against Wal-Mart for selling bullets to customer who committed suicide.  (Day on Torts)
  • Wisconsin Supreme Court decides issue of first impression and holds that victim of intentional tort does not have duty to mitigate. (Wis Law Journal)


Thanks to Russell Jackson for material this week.


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From the description of the Wisconsin case, it seems like the court confused failure to mitigate foreseeable damages after the injury with contributory negligence in failing to be aware of the ongoing injurious tortious conduct by the defendants. It stated that there remains a duty to mitigate foreseeable damages after the discovered intentional injuries.

Posted by: Richard Wright | Dec 15, 2009 12:17:19 PM

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