TortsProf Blog

Editor: Christopher J. Robinette
Southwestern Law School

Friday, January 29, 2010

Personal Injury Roundup No. 64 (1/29/10)

Reform, Legislation, Policy

  • TN:  Med Mal claims report for 2008 (Day on Torts)
  • As a matter of federal law, truck drivers may no longer text.  (Day on Torts)
  • VA:  A proposal to streamline UIM recovery passes key subcommittee (VLW Blog)

New Lawsuits

Trials, Settlements and Other Ends

Damages

Miscellaneous

  • Detroit lawyer fined for chasing victims of Continental/Colgan flight 3407 crash near Buffalo. (Turkewitz)
  • Dorfman on Explaining Tort Law (Solum/Legal Theory Blog)\
  • Larry Solum's "Download of the Week:"  John Gardner's "What is Tort Law for?  Part 1--The Place of Corrective Justice"  (Legal Theory Blog)

--CJR

January 29, 2010 in Roundup | Permalink | Comments (0) | TrackBack (0)

Friday, January 22, 2010

Personal Injury Roundup No. 63 (1/22/10)

Reform, Legislation, Policy

  • Tobacco companies must disclose cigarette ingredients to FDA in June.  (AP/ABC News)
  • "FDA issues warning about BPA exposure." (CBS News)

New Lawsuits

  • Iraqi government contemplating class action suit against private security firm Blackwater for injuries to Iraqi civilians.  (AP/Business Week)
  • NYC woman sues city after her 15-year-old daughter dies in foster care (NY Daily News)
  • NY Civil Liberties Union brings federal class action lawsuit against city for alleged abuse by school cops.  (WPIX, WNYC)
  • Four Charleston firefighters sue Sofa Superstore alleging that a tragic 2007 fire at the store, which killed 9 Charleston firefighters, caused the survivors to suffer numerous ailments including  post-traumatic stress and depression (Charleston City Paper)
  • Florida federal court certifies yogurt class action for unfair trade practices claims.  (Consumer Class Actions & Mass Torts)
     

Trials, Settlements and Other Ends

Damages

  • 2009 California Punitive Damages Year in Review.   (Cal Punitive Damages)
  • Punitive damages for cell phone use while driving?  (TortTalk)

Miscellaneous

  •  Humorous lawyer-TV ads get attention at the NY Times though Overlawyered had this up a week ago. 

Thanks to Gil Lenz for material this week.

--SBS

January 22, 2010 in Roundup | Permalink | Comments (0) | TrackBack (0)

Friday, January 15, 2010

Personal Injury Roundup No. 62 (1/15/2010)

Apologies for the delay; more students showed up than I expected!

Reform, Legislation, Policy

  • Waivers as risk management (SSRN)
  • Causation in asbestos cases (Legal Theory Blog)
  • Tort reform is central to Schwarzenegger's policy goals (Legal News Line
  • Georgia legislature ready to try, try again if reform measures held unconstitutional (Atlanta Business Journal
  • Missouri Supreme Court reviewing that state's reforms (KRCG)

New Lawsuits

  • Well, a look at a new lawsuit anyway, in the form of the defamation suit against some Kardashian or other (Writ
  • Family of murdered toddler sues killer, state (Honolulu Advertiser)
  • Family of doctor who died after being tasered is suing Taser International (Phoenix New Times)

Trials, Settlements and Other Ends

  • Settlement in suit against Whole Foods and others for crash, though punitives may remain; allegation is that Whole Foods brought trucking in-house without knowing how to do it well (Chippewa.com
  • California Supreme Court denies tobacco suit appeal from $2.85 million award (SFGate)
  • Punitive damages reversed in secret videotaping case (where the tape was of Michael Jackson) (MTV.com)

Happy new year, everyone!

--BC

January 15, 2010 in Roundup | Permalink | Comments (0) | TrackBack (0)

Friday, December 18, 2009

Personal Injury Roundup No. 61 (12/18/09)

As you might expect, the Roundup will take a holiday break on Christmas and New Year's Day.  It will return on January 8th.

Reform, Legislation, Policy

New Lawsuits

  • Class action suit filed alleging overexposure from CT scans.  (The Pop Tort)

Trials, Settlements and Other Ends

  • Pharmaceutical company GlaxoSmithKline has reportedly paid about $1 billion to settle cases; more are on the way.  (Bernabe)
  • I'm interpreting "Other Ends" very loosely here:  Mark Hermann has resigned from Jones Day and will no longer write for Drug & Device Law.  His farewell post is here.
  • Defense verdict in CA asbestos suit.  (Olson/Point of Law)

Miscellaneous

  • Sovereign immunity arguments in the Virginia Tech shootings case.  (VLW Blog)
  • Nicole Vincent on Keren-Paz's "Torts, Egalitarianism, and Distributive Justice."  (Solum/Legal Theory Blog)
  • H1N1 vaccines for kids recalled; safety not a factor.  (CNN.com)
  • Due to custom of baking in a coin or silver piece, British restaurant requires signing a release prior to eating plum pudding.  (Olson/Overlawyered)
  • Nate Oman on "Social Insurance and the Autonomy of Private Law"  (Co-Op)

--CJR

December 18, 2009 in Roundup | Permalink | Comments (0) | TrackBack (0)

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)

Appeals

  • 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)

Miscellaneous

Thanks to Russell Jackson for material this week.

--SBS

December 11, 2009 in Roundup | Permalink | Comments (1) | TrackBack (0)

Friday, December 4, 2009

Personal Injury Roundup No. 59 (12/4/2009)

Classes ended this week at Western New England, and we had 60-degree weather too.  An odd juxtaposition.  It's a shorter roundup than usual, but still some good stuff:

Reform, Legislation, Policy

  • A RAND look at diagnosis in silicosis suits [TortsProf]
  • Tort reform and health care costs [Houston Chronicle]
  • ...and a back-and-forth about whether (and how much) tort reform is in the Obama health care plan [Point of Law
  • ...and one more thing about litigation-related matters in the health reform legislation [Progressive Fix, Overlawyered (which first covered this)
  • Crime and tort law - guest post from Jason Solomon [TortsProf]

New Lawsuits

  • Possible suit against Robin Williams for doing yet another movie filled with tired impressions alleged defamation against Brazil in connection with Rio getting the Olympics [Brazzilmag.com
  • Not a new suit, but an interesting one involving slipping on water splashed out of a pool by a dolphin -- a suit that strangely parallels an exam I wrote a few years ago [Lowering the Bar]

Trials, Settlements and Other Ends

Appeals

  • 5th Circuit allows a climate change lawsuit to proceed for now [USA Today]

Damages

  • Philly trial hits Pfizer in PremPro suit [Philly.com]
--BC

December 4, 2009 in Roundup | Permalink | Comments (0) | TrackBack (0)

Friday, November 20, 2009

Personal Injury Roundup No. 58 (11/20/09)

I hope  your last week before Thanksgiving was a good one!

Reform, Legislation, Policy

New Lawsuits

  • Courtney Love sued for libel by tweet.  (CNN)
  • ID:  Man tased in buttocks sues City of Boise.  (IdahoStateman.com)
  • NE:  State med mal damages cap challenged as unconstitutional.  (North Platte Bulletin)

Trials, Settlements and Other Ends

  • SC:  Med mal suit settled prior to rare med mal punies determination by jury.  (AboutLawsuits.com)

Appeals

Damages

  • PA:  Harrisburg mayor-elect alleges in a civil suit that faulty gas pump sprayed her with gas, ruining her clothes and leaving her unable to pump her own gas.  (PennLive.com via Olson/Overlawyered)

Miscellaneous

--CJR

November 20, 2009 in Roundup | Permalink | Comments (0) | TrackBack (0)

Friday, November 6, 2009

Personal Injury Roundup No. 57 (11/6/09)

Reform, Legislation, Policy

  • San Franciso City Attorney does FDA's job? Kellogg's withdraws "immunity banner" from sugary cereals following letter demand from City Attorney.  (TortsProf, The Atlantic).
  • Senators Graham and Chambliss propose "loser pays" rule.  (Torts Prof, Atlanta Journal Constitution, Pop Tort)
  • Health care reform bills include sunshine provisions regarding relationships between doctors and drug companies.  (NY Times)
  • FDA issues draft guidance on what constitutes a tobacco product "ingredient." (FDA Law Blog)

New Lawsuits

  • Robber can sue store he robbed for injuries sustained in robbery.  (CBS Crimesider, MSNBC/AP)
  • Family of Connecticut woman injured by neighbor's chimp seek permission to sue state.  (BBC)
  • Parents of deceased college sophomore sue for Clark Atlanta University for lack of security.  (Atlanta Journal Constitution)
  • Family of Texas student files suit against fraternity for hazing that allegedly caused son's death.  (Fox Houston)
  • Chicago deli sued over turkey sandwich.  (Jonathan Turley)

Trials, Settlements and Other Ends

  • Radio station liable in "Hold your Wee for a Wii" contest.  (Injured)
  • Jury awards $2.5 million in Baltimore lead paint case.  (Bernabe)

Appeals

  • IL Supreme Court on subsequent remedial measures.  (TortsProf)
  • Texas Supreme Court on damages in legal malpractices actions.  (Day on Torts)
  • Florida appellate court reverses accutane verdict for lack of causation evidence.  (Mass Tort Defense)

Damages

Miscellaneous

--SBS

November 6, 2009 in Roundup | Permalink | Comments (0) | TrackBack (0)

Friday, October 30, 2009

Personal Injury Roundup No. 56 (10/30/2009)

Happy Halloween!  In our house, we'll have Susan B. Anthony and a drowned sailor.  Yours?

Reform, Legislation, Policy

New Lawsuits

Trials, Settlements and Other Ends

  • No verdict as of this writing (Thursday midday) in the "Hold Your Wee for a Wii" case, but the jury did ask for a 10-digit adding machine, which can't make the defense feel real good (Sacramento BeeUpdate: The jury awarded $16.6 million in damages (Radio-Online.com)
  • Punitive damage award in PremPro case remains secret (Bloomberg
  • Butler University drops defamation student against student who blogged anonymously (Inside Higher Ed)
  • Bat maker liable for ball player's death (Overlawyered)

Appeals

  • Nevada considers pharmacy liability for harm caused by customers (WSJ Law Blog)
  • That reminds me of the Massachusetts case from last year on doctor liability for patients driving negligently while under treatment; here's a good look at that (NEJM)

Miscellaneous

--BC

October 30, 2009 in Roundup | Permalink | Comments (1) | TrackBack (0)

Friday, October 23, 2009

Personal Injury Roundup No. 55 (10/23/09)

Happy Fall to all our readers. . . here's what happened this lovely fall week in the world of torts. 

Reform, Legislation, Policy

  • FDA issues a "letter to industry" that the agency will take enforcement action aginst false or misleading package information (such as implied nutrient claims).  (Food Law Prof, FDA Law Blog, ABC News, WaPo
  • Committee action on OSHA nominee postponed.  (Point of Law)
  • GAO finds FDA slow in banning researchers convicted of fraud.  (NY Times, Pharmalot)
  • Bi-partisan support for bill that would give FDA new powers over food supply.  (LA Times)
  • Senators introduce Dairy Country of Origin Labeling Act.  (Supermarket News)

New Lawsuits

Trials, Settlements and Other Ends

  • California federal district court dimisses putative consumer fraud class action concerning defective Sears washing machines.  (Mass Tort Defense)
  • Jury awards $105 million to NYC in Exxon MTBE case.  (Point of Law, About Lawsuits)
  • Defamation suit against alleged Autoadmit harassers settles.  (Brian Leiter, ABA Journal)
  • Defamation suit against Target settles.  (Turkewitz)

Appeals

  • Alabama Supreme Court reverses multi-million dollar fraud judgment against drug companies.  (TortsProf)
  • Massachusetts Supreme Court recognizes medical monitoring cuase of action. (TortsProf, Drug & Device, Point of Law)
  • Maryland Court of Appeals bars expert testimony in med-mal case because expert spent more than 20% of his time just testifying.  (Bernabe)
  • Fifth Circuit allows suit by Katrina victims alleging the defendant oil and coal companies created greenhouse gasses, which caused global warming, which then caused a rise in sea levels, adding to Hurricane Katrina’s ferocity. (WSJ Law Blog, Russell Jackson, ABA Journal)

Miscellaneous

--SBS

October 23, 2009 in Roundup | Permalink | Comments (0) | TrackBack (0)

Friday, October 16, 2009

Personal Injury Roundup No. 54 (10/16/09)

Reform, Legislation, Policy

  • U.S. Supreme Court dictum on constitutional implications of class action procedure (Drug & Device Law)
  • The Pop Tort on the Texas med mal system (The Pop Tort)
  • Ralph Nader on the CBO's report that tort reform would save $54 B over 10 years (Counter Punch)

New Lawsuits

Trials, Settlements and Other Ends

  • PA:  Jury awards $2.36 M to a boy kicked by a horse during a charitable program.  Walter Olson is concerned about the effects on the charity, Work to Ride Inc.  (Olson/Overlawyered)
  • Woman sues physician and loses med mal case; then woman sues her attorneys and loses legal malpractice case.  Finally, she wins in dispute that $6K of legal costs were frivolous.  (ABA Journal)
  • GlaxoSmithKline loses Paxil suit (Krauss/Point of Law

Appeals

  • NY:  Pain-and-suffering verdict in traumatic brain injury of $1.9 M affirmed on appeal for 79-year-old woman struck by bus.  (Hochfelder)
  • In 1975, NH set up a fund to fill a gap in med mal liability insurance.  Now it argues the fund has a $110 M surplus and claims it is entitled to the money.  The state supreme court gets the case this week.  (Forbes)

Miscellaneous

  • Peter Strauss on Geier v. Honda (SSRN)
  • Joseph Raz on Agency and Luck (SSRN)

--CJR

 

October 16, 2009 in Roundup | Permalink | Comments (0) | TrackBack (0)

Friday, October 9, 2009

Personal Injury Roundup No. 53 (10/9/2009)

I'm back from a fun weekend at the Austin City Limits Music Festival (highlights: Dirty Projectors, Flogging Molly, Avett Brothers, plus great stuff on the kids' stage).  Here's what happened during the week following:

Reform, Legislation, Policy

  • Sen. Al Franken's amendment would bar federal contracts to companies that mandate arbitration; the legislation is aimed at KBR and was triggered by the Jamie Leigh Jones case; prior posts about that case are here. [City Pages]
  • If you missed it, go read Frank Vandall's guest blog post -- interesting stuff.  [TortsProf]

New Lawsuits

  • Suit filed against Delta for removing breastfeeding mom [Burlington Free Press
  • Wrongful death suit brought for plane-helicopter collision [AboutLawsuits.com
  • Newly-unsealed lawsuit contends Pfizer's drug research is sketchy [The Day]

Trials, Settlements and Other Ends

  • E. coli suit settled [Minnesota Public Radio] (see "Miscellaneous" below too)
  • Cheerleader's assault suit dismissed after amended complaint fails to correct flaws [SE Texas Homepage
  • Trial in "Hold Your Wee for a Wii" case ends; no verdict as of this writing (Thursday afternoon) [SacBee
  • That case raised interesting questions about jurors being instructed not to use search engines, etc., to learn more about the case [ITWire.com]

Appeals

  • Police officers' immunity claims denied, jailer' immunity claims allowed, in 8th Circuit [KFSM]
  • A little older, but a former student sent me a story about this case involving scope of employment in a vicarious liability case [California Court of Appeals]

Miscellaneous

  • AALS Torts & Compensation Systems Newsletter [TortsProf
  • NYT reports on meat inspection system [New York Times]
  • ...and on a deal including Tyson and Costco to improve meat inspection [New York Times]
  • Hotels focusing on guest privacy after Erin Andrews "peephole" video [AP
  • Interested in being a Torts section editor for The Journal of Things We Like (Lots)?  Read the details... [Discourse.net]

--BC

October 9, 2009 in Roundup | Permalink | Comments (0) | TrackBack (0)

Friday, October 2, 2009

Personal Injury Roundup No. 52 (10/02/09)

I know we've celebrated one year of having the Roundup already, but we've missed a few weeks.  This 52nd Roundup represents a full year of actual posts.

Reform, Legislation, Policy

New Lawsuits

  • "Hold your Wee for a Wii" trial begins (TortsProf)
  • Family of Americans killed in Air France crash sue (AP)

Appeals

  • TN:  According to John Day, the TN Supreme Court has ruled that "a plaintiff who lost a medical malpractice case in federal court was not estopped from pursing a case against a State-employed doctor even though the federal court jury assigned no fault to the doctor, a non-party in the federal court action."  (Day on Torts)

Damages

  • Impermissible jury compromise requires court to set aside $500,000 pain and suffering verdict for ankle injuries in case stemming from 1993 WTC bombing (Hochfelder)

Miscellaneous

--CJR

October 2, 2009 in Roundup | Permalink | Comments (0) | TrackBack (0)

Friday, September 25, 2009

Personal Injury Roundup No. 51 (9/25/09)

Here's what happened during the first week of fall in the world of torts:

Reform, Legislation, Policy

  • Senate Finance Committee marked-up its health care reform bill.  (FDA Law Blog
  • Congressional Research Service issues report on health care reform. (Open CRS)
  • "Should Liability Damages Caps Be A Part of Health Reform?" (TortsProf)

New Lawsuits

  • Coyote Ugly Saloon patron slips while dancing on top of bar and sues.  (Day on Torts)
  • Eric Dane (McSteamy to Gray's Anatomy fans) sued Gawker.com for maliciously posting a video of Dane and two female friends in the buff.  (E! Online)

Trials, Settlements and Other Ends

Appeals

  • United States Court of Appeals for the Second Circuit allows suit against six power companies on the grounds that their greenhouse gas emissions constituted a public nuisance. (Warming Law, Warming Law Part I and Warming Law Part II, Point of Law, NY Law Journal/law.com)
  • Interlocutory appeal to the United States Court of Appeals for the Third Circuit will address viability of medical monitoring claim under Delaware law.  (Mass Torts Defense)
  • Georgia Court of Appeals addresses whether there’s a common-law duty to recall a product that's being legally sold.  (Drug & Device)
  • New York appellate court affirms dismissal of foul ball case.  (Hochfelder)

Damages

  • South Carolina Supreme Court uses potential harm to uphold punitive damages award 67 times larger than actual damages.  (Cal Punitive Damages)
  • California jury awards $49 million in compensatory damages in car accident case.  (The Recorder/law.com)

Miscellaneous

- SBS

September 25, 2009 in Roundup | Permalink | Comments (0) | TrackBack (0)

Friday, September 18, 2009

No Roundup Today

The Roundup will return next Friday, September 25th.  

- SBS

September 18, 2009 in Roundup | Permalink | Comments (0) | TrackBack (0)

Friday, September 11, 2009

Personal Injury Roundup No. 50 (9/11/09)

My kids finally started school this week, so -- after three weeks teaching -- it finally actually feels like fall here.

Reform, Legislation, Policy

  • The "uneasy case" for products liability (SSRN
  • Obama's speech makes limited reform suggestions (Washington Post, Overlawyered has more and links)
  • Point of Law has a roundup of objections to the nomination of David Michaels to head OSHA (Point of Law).  (As an aside, I'm not sure that Michaels, or his organization, are categorically opposed to Daubert, at least conceptually.)

New Lawsuits

  • Wrongful death suit blames death on casino CEO's "hedonistic" lifestyle (On Point Legal News
  • Possible problems with a wrongful death suit based on Michael Jackson's death, from noted legal analyst TMZ.com (TMZ)
  • New (Canadian) lawsuit based on injuries at a rap show (The Boom Box) 
  • Roethlisberge's accuser says she'll drop the suit if he admits guilt; he refuses (Newsday)

Trials, Settlements and Other Ends

  • Not an end, but a timeout for the jury in first Fosamax trial (CNN)
  • Lawyers allege that Toyota hid evidence, suits should be reopened (SE Texas Record)

Damages

  • $13.8 million in punitive damages for smoker's daughter (AP)

Miscellaneous

  • On Monday, prolific scholar Tony Sebok will be our guest blogger (TortsProf)
  • Are you reading ProfHacker?  You should be.  (ProfHacker)

--BC

September 11, 2009 in Roundup | Permalink | Comments (0) | TrackBack (0)

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)

Damages

Miscellaneous

  • 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)

--CJR

September 3, 2009 in Roundup | Permalink | Comments (0) | TrackBack (0)

Friday, August 28, 2009

Personal Injury Roundup No. 48 (8/28/09)

We just finished our first full week of classes here at Charleston.  Here's what happened this week in torts:

Reform, Legislation, Policy

  • Health reform debate continues to percolate.  (WaPo, AP, ABC News Political Punch)
  • Representative Henry Waxman (D-CA) takes on Medicare Part D drug program.  (NYT)
  • As required by statute, FDA creates the Tobacco Products Scientific Advisory Committee and is requesting nominations for members.  (FDA Law Blog)

Experts

  • Federal judge grants Daubert motion and excludes plaintiff's expert in Bausch & Lomb ReNu MDL. (Drug & Device
  • Another federal judge excludes the plaintiff's causation expert in Viagra MDL.  (Mass Tort Defense, Mass Tort Profs)

New Lawsuits

  • A coach and an aide have filed separate lawsuits over the collapse of the Dallas Cowboys training facility back in May.  (AP, Dallas Morning News)
  • Unmasked blogger plans to sue Google for complying with a court order to reveal her identity in the "Skanks in NYC" defamation suit.  (CNN, ABA Journal, Concurring Op)
  • Two Pennsylvania women sue over pitt bull attacks.  (Sun News)
  • Yaz blood-clot lawsuit filed in Illinois.  (About Lawsuits)
  • Mother-in-law sues comedienne for defamation based on daughter-in-law's jokes, and keeping it all in the family, the lawyer/husband/son is representing his comedienne wife.  (WSJ Law Blog, ABA Journal)

Trials, Settlements and Other Ends

  • Beck & Herrmann collect Zyprexa andAredia-Zometa summary judgment rulings.  (Drug & Device)
  • Federal judge dismisses Trasyol class action.  (Mass Tort Defense)
  • $1.3M verdict in Maryland med-mal case.  (About Lawsuits)

Appeals

  • Pennsylvania appellate court rejects assumption-of-the-risk defense for golfer struck by ball. (Point of Law)

Damages

  •  LA jury awards $13.8 million punitive damages in tobacco case retrial.  (Cal Punitive Damages)

Miscellaneous

  •  Wall Street Journal article on the Alien Tort Claims Act. (WSJ)

- SBS

August 28, 2009 in Roundup | Permalink | Comments (0) | TrackBack (0)

Friday, August 21, 2009

Personal Injury Roundup No. 47 (8/21/09)

It finally feels like summer in western Massachusetts, and yet here we are finishing up 1L orientation, with classes starting next week!  I've got to get to school for the orientation picnic, so it'll be a little briefer than usual...

Reform, Legislation, Policy

  • Mandatory reporting of medical errors?  (TortsProf)
  • Regulation through litigation in the context of chicken houses (Washington Post)
  • An overview of assumption of risk in baseball (Point of Law)
  • Tort issues as part of health care reform (Daily DishFollowupNevada Appeal, many other places -- a sampling here)
  • Indiana teachers now have immunity from suit for some classroom activities (WIBC)

New Lawsuits

  • Eric Turkewitz contemplates various suits arising (or potentially arising) from Michael Jackson's death (NY Personal Injury Law Blog
  • Defamation suit filed, and dropped the same day, against "Skanks of New York" blogger (TG Daily
  • New details in suit against Steelers QB Ben Roethlisberger (KDKA)

Trials, Settlements and Other Ends

  • Lilly to pay $22.5M to settle West Virginia's marketing claims regarding Zyprexa (CNN)

Damages

  • $6M in trial over misdiagnosis of infant's infection (AboutLawsuits)

Miscellaneous    

  • AkinMears (mesothelioma lawyers) among remaining advertisers on Glenn Beck (Gawker
  • Fraud in pesticide lawsuits (WSJ
  • TortsProf guest blogger Monday starts, well, Monday with Jeffrey O'Connell (UVa) (TortsProf)

--BC

August 21, 2009 in Roundup | Permalink | Comments (0) | TrackBack (0)

Friday, August 14, 2009

Personal Injury Roundup No. 46 (8/14/09)

Most of us are gearing up for classes next week.  I hope you enjoyed your last week of summer.

Reform, Legislation, Policy

New Lawsuits

  • WV:  An asbestos defendant argues it was forced to follow the directives of the U.S. Navy when it manufactured products for a ship.  (LegalNewsline
  • MD:  The family of a man who died after transplant surgery at the University of Maryland has sued, alleging a staffer drained out all of the decedent's blood.  (AboutLawsuits.com)
  • IL:  Woman sues ex-boyfriend for posting nude photos of her (ABA Journal)

Trials, Settlements and Other Ends

Damages

Miscellaneous    

  • Franklin County Circuit Judge William Alexander will preside over two trials against the state stemming from the Virginia Tech shootings.  (VLW Blog)
  • Dog Bite Case Website (Day on Torts)

--CJR

August 14, 2009 in Roundup | Permalink | Comments (0) | TrackBack (0)