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TortsprofBloghttp://feedburner.google.comJudge Requests Mass Tort Status for New Jersey Birth Control Suits tag:typepad.com,2003:post-6a00d8341bfae553ef01287560800c970c2009-11-07T06:11:30-05:002009-11-07T11:11:30Z2009-11-07T11:11:30ZNew Jersey Judge Donald Volkert Jr. has requested mass tort status for the products liability suits involving the birth control pills Yaz, Yasmin and Ocella. In his request to the Administrative Director of the Courts, Judge Volkert noted the large...tortsprofMDLs and Class ActionsProducts LiabilityPersonal Injury Roundup No. 57 (11/6/09)tag:typepad.com,2003:post-6a00d8341bfae553ef0120a658095d970b2009-11-06T05:00:00-05:002009-11-06T10:00:00Z2009-11-06T10:00:00ZReform, 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...tortsprofRoundupMonday's Guest Blogger: John C.P. Goldbergtag:typepad.com,2003:post-6a00d8341bfae553ef0120a64fdc5a970b2009-11-05T02:12:00-05:002009-11-05T07:12:00Z2009-11-05T07:12:00ZJohn Goldberg is Professor of Law at the Harvard Law School. From 1995 until 2008, he was a faculty member of Vanderbilt Law School, where he served as Associate Dean for Research (2006-08). Professor Goldberg is an author of a...tortsprofGuest BloggerSenators Graham & Chambliss Introduce "Loser Pays" Legislationtag:typepad.com,2003:post-6a00d8341bfae553ef0120a6a8457a970c2009-11-04T10:34:11-05:002009-11-04T15:34:11Z2009-11-04T15:34:11ZUnited States Senators Lindsey Graham (R-SC) and Saxby Chambliss (R-GA) introduced legislation on Monday that would require the loser to pay the winner in some medical malpractice suits. The Fair Resolution of Medical Liability Disputes Act of 2009 would require...tortsprofLegislation, Reforms, & Political NewsA European Symposium on Guido Calabresitag:typepad.com,2003:post-6a00d8341bfae553ef0120a650df34970b2009-11-04T05:07:00-05:002009-11-05T17:02:30Z2009-11-04T10:07:00ZLarry Solum at Legal Theory Blog is reporting about a symposium dedicated to the work of Guido Calabresi. Here are the papers: Roger van den Bergh (Erasmus University Rotterdam (EUR) - Erasmus School of Law), Introduction: The Impact of Guido...tortsprofConferencesIowa Supreme Court on Subsequent Remedial Measurestag:typepad.com,2003:post-6a00d8341bfae553ef0120a6a222ad970c2009-11-03T07:00:00-05:002009-11-03T12:00:00Z2009-11-03T12:00:00ZThe Iowa Supreme Court recently addressed the subsequent remedial measures doctrine. Under this evidentiary rule (adopted in Iowa and other states), evidence of subsequent remedial measures cannot be used to prove negligence but can be used to prove strict liability....tortsprofProducts LiabilitySan Francisco vs. Snap, Crackle & Poptag:typepad.com,2003:post-6a00d8341bfae553ef0120a6a067e9970c2009-11-03T05:01:00-05:002009-11-03T10:01:00Z2009-11-03T10:01:00ZSan Francisco's City Attorney has sent a warning letter to the Kellogg Food Company about the big "Now Helps Support Your Child's Immunity" banner on its Rice Krispie's cereals. The City Attorney expresses concern that the "Immunity Claims may mislead...tortsprofCurrent AffairsSolicitor General's Views Sought in Alien Tort Statute Casetag:typepad.com,2003:post-6a00d8341bfae553ef0120a64ab7dd970b2009-11-02T10:42:51-05:002009-11-02T15:44:55Z2009-11-02T15:42:51ZThe SCOTUSBlog has the relevant links. The issue: Whether Alien Tort Statute (ATS) jurisdiction can extend to a private actor based on alleged state action by a foreign government where there is no allegation that the government knew of or...tortsprofCurrent AffairsSex Offenders, Disclosure, and Tort Lawtag:typepad.com,2003:post-6a00d8341bfae553ef0120a69df95b970c2009-11-02T04:58:00-05:002009-11-02T09:58:00Z2009-11-02T09:58:00ZShelley Ross Saxer (Pepperdine) has posted to SSRN 'Am I My Brother's Keeper?': Requiring Landowner Disclosure of the Presence of Sex Offenders and Other Criminal Activity. Here is the abstract: Under common law principles, landowners do not have a duty...tortsprofScholarshipPersonal Injury Roundup No. 56 (10/30/2009)tag:typepad.com,2003:post-6a00d8341bfae553ef0120a633e6ca970b2009-10-30T05:24:00-04:002009-10-30T11:26:29Z2009-10-30T09:24:00ZHappy Halloween! In our house, we'll have Susan B. Anthony and a drowned sailor. Yours? Reform, Legislation, Policy Did you see the guest post on tort law and climate change? You should. (TortsProf) Alien Tort Claims Act claims continue and...tortsprofAluminum Bat Verdict: $850,000tag:typepad.com,2003:post-6a00d8341bfae553ef0120a633d7b2970b2009-10-29T11:30:30-04:002009-10-29T15:32:05Z2009-10-29T15:30:30ZA jury in Montana found the manufacturer of Louisville Slugger aluminum bats liable for failure to warn adequately in the death of an 18-year-old. (NYT) (Maryland Injury Lawyer Blog) --CJRtortsprofCurrent AffairsTop 10 Recent SSRN Torts & Products Liability Downloadstag:typepad.com,2003:post-6a00d8341bfae553ef0120a689f4c4970c2009-10-29T08:58:52-04:002009-10-29T12:58:52Z2009-10-29T12:58:52ZHere are the top torts and products liability papers announced on SSRN within the last 60 days: Rank Downloads Paper Title 1 71 Structured Settlements and Single-Claimant Qualified Settlement Funds: Regulating in Accordance with Structured Settlement History Jeremy Babener, New...tortsprofScholarshipFrakes on the Incentive Effects of Medical Malpractice Standards of Caretag:typepad.com,2003:post-6a00d8341bfae553ef0120a6255a6d970b2009-10-28T03:10:00-04:002009-10-28T07:10:00Z2009-10-28T07:10:00ZMichael Frakes (Harvard) has posted to SSRN Malpractice Standards of Care and Regional Variations in Physician Practice Styles. Here is the abstract: Physician practices vary in a striking and persistent manner across different regions of the United States. In this...tortsprofFood Industry Drops "Smart Choices" Labelingtag:typepad.com,2003:post-6a00d8341bfae553ef0120a62290d5970b2009-10-27T06:00:00-04:002009-10-27T10:00:00Z2009-10-27T10:00:00ZOn the heels of the FDA's letter to industry noted in Friday's Round-Up, food companies have halted the "Smart Choices" labeling program, which puts a green check mark on the front of packages to indicate that the product is a...tortsprofCurrent AffairsLegislation, Reforms, & Political NewsSouth Carolina Settles Zyprexa Off-Label Marketing Case for $45 Milliontag:typepad.com,2003:post-6a00d8341bfae553ef0120a679f193970c2009-10-27T05:00:00-04:002009-10-27T09:00:00Z2009-10-27T09:00:00ZSometimes it is better to wait on the sidelines... South Carolina did not participate in the collective suit by 32 states against Pfizer for its off-label marketing of the anti-psychotic drug, Zyprexa. If South Carolina has joined that suit, it...tortsprofCurrent AffairsMDLs and Class ActionsProducts LiabilityGuest Blogger Adam Scales: Tort Law and Climate Changetag:typepad.com,2003:post-6a00d8341bfae553ef0120a66f8cfa970c2009-10-26T01:58:00-04:002009-10-26T05:58:00Z2009-10-26T05:58:00ZI have always been a little uncomfortable with the purported distinction between "public" and "private" law, as applied to Torts. By the second half of the 20th Century, the aspirations of tort law were certainly public-regarding, aimed not just at...tortsprofGuest BloggerAggregate Justice: Perspectives Ten Years After Amchem and Ortiztag:typepad.com,2003:post-6a00d8341bfae553ef0120a670664d970c2009-10-24T05:00:00-04:002009-10-24T09:00:00Z2009-10-24T09:00:00Z2009 Kansas Law Review Symposium Aggregate Justice: Perspectives Ten Years After Amchem and Ortiz October 30, 2009 Green Hall, 1535 West 15th Street, Lawrence, Kansas 66045 This Symposium explores the state of aggregate justice one decade after the Supreme Court...tortsprofConferencesPersonal Injury Roundup No. 55 (10/23/09)tag:typepad.com,2003:post-6a00d8341bfae553ef0120a6123bb6970b2009-10-23T05:00:00-04:002009-10-23T00:20:35Z2009-10-23T09:00:00ZHappy 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...tortsprofRoundupMonday's Guest Blogger: Adam Scalestag:typepad.com,2003:post-6a00d8341bfae553ef0120a64d2ea4970c2009-10-22T02:16:00-04:002009-10-22T06:16:00Z2009-10-22T06:16:00ZAdam F. Scales is an Associate Professor of Law at Washington & Lee University School of Law. He graduated, Phi Beta Kappa, with a B.A. from the University of Massachusetts in 1991 and received his J.D. from the University of...tortsprofGuest BloggerAL: Pharmaceutical Companies Did NOT Cause State to Over-Reimbursetag:typepad.com,2003:post-6a00d8341bfae553ef0120a6589b29970c2009-10-21T13:32:00-04:002009-10-21T17:32:00Z2009-10-21T17:32:00ZOn Friday, the Alabama Supreme Court reversed multi-million dollar trial-court judgments against pharmaceutical companies that had allegedly caused the state to over-reimburse pharmacies and physicians for the medicines they provided to Medicaid patients. Even though the pharmaceutical companies were not...tortsprofCurrent AffairsLegislation, Reforms, & Political News