Sunday, November 13, 2011
Here in central Pennsylvania it's all Penn State, all the time. Donald Gilliland of the (Harrisburg) Patriot-News wrote a column about the school's potential legal troubles. I'm quoted mostly for an evidentiary point, but the civil angle is covered by others.
Updated: Alberto Bernabe has links and analysis here.
Friday, July 29, 2011
Thursday, July 21, 2011
Thursday, December 23, 2010
The New York Court of Appeals affirmed the Appellate Division's dismissal of a golfer's tort action based on his golfing partner's failure to warn of an impending swing of the club:
"The manner in which Anand was injured — being hit without warning by a ’shanked’ shot while one searches for one’s own ball — reflects a commonly appreciated risk of golf,” the judges wrote. --CJR
"The manner in which Anand was injured — being hit without warning by a ’shanked’ shot while one searches for one’s own ball — reflects a commonly appreciated risk of golf,” the judges wrote.
Thursday, September 30, 2010
Adam Epstein (Central Michigan College of Business) has posted to SSRN Teaching Torts with Sports. The abstract provides:
The purpose of this paper is to offer a pedagogical road map for an alternative way to engage students when arriving at the torts portion of the business law or legal environment course. It is designed to encourage utilizing sports cases and sport-related videos when teaching torts which can be effective and energizing. My research demonstrates that the prominence of sports related tort cases and examples are much more apparent in the negligence and intentional tort categories than in products liability or strict liability. More specifically, an effective way to relate the concept of negligence in sports is in the context of flying objects such as foul balls, bats, and hockey pucks. Incorporating intentional torts and sports usually begins with hits after the play, a pitcher intentionally hitting the batter, and the incidents of violence involving participants, fans, referees, coaches and parents. One of the best examples of products liability is the safety debate between using wooden baseball bats in professional baseball and the metal or aluminum bats in college baseball. Strict liability involving ultra-hazardous activities has its place for discussion in sports torts, but the breadth of litigation on the subject is clearly the least common of the four major tort categories rendering it virtually non-existent. Instructors are given hints as to how to engage students with sports torts regardless of their educational generation. Contemporary and classic cases are provided as examples.
Thursday, July 1, 2010
The Phillie Phanatic, named by Bob Jarvis (Nova Southeastern) as the "most-sued mascot in sports," is adding to his tally. His latest round of litigation was brought by a woman claiming the Phanatic injured her knees when he climbed through the stands at a 2008 game in Reading, PA (home of the Phillies AA minor league club). Coverage is here: Philly.com; ABA Journal.