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TortsprofBloghttp://feedburner.google.comHealth Care Debate to Begin in Senate Tonighttag:typepad.com,2003:post-6a00d8341bfae553ef012875c26c06970c2009-11-21T12:34:52-05:002009-11-21T17:34:52Z2009-11-21T17:34:52ZTonight at 8:00 p.m, the Senate will vote on cloture for the health care bill. In other words, the Senate will decide whether to begin debating it. It appears Democrats have 58 of the necessary 60 votes to survive the...tortsprofCurrent AffairsLegislation, Reforms, & Political NewsPersonal Injury Roundup No. 58 (11/20/09)tag:typepad.com,2003:post-6a00d8341bfae553ef0120a6aaba5a970b2009-11-20T05:17:00-05:002009-11-20T10:17:00Z2009-11-20T10:17:00ZI hope your last week before Thanksgiving was a good one! Reform, Legislation, Policy Tim Lytton's guest post attracts attention. (Frank/Point of Law) (Lahav/Mass Tort Profs) Law Profs Max Mehlman & Dale Nance (Case Western) argue med mal tort reform...tortsprofRoundupIntroducing Guest Blogger Ben Zipurskytag:typepad.com,2003:post-6a00d8341bfae553ef0120a6b308fe970b2009-11-19T05:00:00-05:002009-11-19T02:31:16Z2009-11-19T10:00:00ZMonday's Guest Blogger is Ben Zipursky. Zipursky is currently the James H. Quinn '49 Chair in Legal Ethics and Professor of Law at Fordham Law School, where he teaches Torts, Law & Philosophy, Advanced Torts ‑ Defamation & Privacy, Tort...tortsprofGuest BloggerTortsProfsIowa Adopts R3 Positions on Duty and Causationtag:typepad.com,2003:post-6a00d8341bfae553ef012875b28043970c2009-11-18T14:29:16-05:002009-11-18T19:30:08Z2009-11-18T19:29:16ZLast week, the Iowa Supreme Court decided Thompson v. Kaczinski, 2009 WL 3786632 (Iowa 2009), and adopted the Restatement (Third) of Torts approach to both duty and causation. The plaintiffs lost control of their car on a rural road because...tortsprofIllinois Rejects Tarasofftag:typepad.com,2003:post-6a00d8341bfae553ef012875a8d703970c2009-11-18T04:29:00-05:002009-11-18T09:29:00Z2009-11-18T09:29:00ZIn Tedrick v. Community Resources Center, Inc., Nos. 104861, 104876 (Ill. Sept. 24, 2009), the Supreme Court of Illinois explicitly rejected Tarasoff. Earlier opinions cast doubt on the acceptance of the famous California case in Illinois, but Tedrick made it...tortsprofCurrent AffairsAnother Wacky Warning...tag:typepad.com,2003:post-6a00d8341bfae553ef012875a91638970c2009-11-18T00:10:00-05:002009-11-18T05:10:00Z2009-11-18T05:10:00ZTorts professors frequently become connoisseurs, or at least aficionados, of warning labels. Knowing this, a colleague brought me the warning label in his copy of Walther P-38 Pistol by Major George C. Nonte. The book was published in 1975 by...tortsprofProducts LiabilityPutting Words In Their Mouthstag:typepad.com,2003:post-6a00d8341bfae553ef012875aa873b970c2009-11-17T05:17:00-05:002009-11-17T11:57:30Z2009-11-17T10:17:00ZThe New York Times reports that lobbyists working for Genentech, one of the world's largest bio-tech companies, authored statements on the health care debate for over 40 House members: The lobbyists, employed by Genentech and by two Washington law firms,...tortsprofLegislation, Reforms, & Political NewsProximate Cause?tag:typepad.com,2003:post-6a00d8341bfae553ef0120a6a84104970b2009-11-17T05:00:00-05:002009-11-17T10:00:00Z2009-11-17T10:00:00ZAs we struggle to come up with final exam ideas, TMZ brings us an interesting proximate cause issue. DJ AM (aka Adam Goldstein) died back in August from a drug overdose (according to the medical examiner). His estate, however, has...tortsprofGuest Blogger Tim Lytton: "Is the Tort System a Litigation Lottery?"tag:typepad.com,2003:post-6a00d8341bfae553ef0120a69e2da5970b2009-11-16T05:02:00-05:002009-11-16T10:02:00Z2009-11-16T10:02:00ZThe tort system is frequently described by critics as a “litigation lottery.” For example, in their best-selling book Nudge, Richard Thaler and Cass Sunstein compare medical malpractice litigation to a lottery based on the assertion that many plaintiffs who suffer...tortsprofGuest BloggerScholarshipConk & Zhu on Chinese Tort Lawtag:typepad.com,2003:post-6a00d8341bfae553ef0120a697293d970b2009-11-14T02:47:00-05:002009-11-14T07:47:00Z2009-11-14T07:47:00ZGeorge Conk (Fordham) and Wang Zhu (Sichuan University School of Law) have posted to SSRN Tort Liability Law of the People's Republic of China. Here is the abstract: Discussion of the need to revise the basic Civil Code of China...tortsprofScholarshipGuest Blogger John C.P. Goldberg: What's Wrong with Torts?, Part IItag:typepad.com,2003:post-6a00d8341bfae553ef01287596514b970c2009-11-13T08:36:36-05:002009-11-13T13:36:36Z2009-11-13T13:36:36ZWhat’s Wrong with Torts (II) In my previous post I suggested that torts are legal wrongs rather than moral wrongs, and that the concept of a legal wrong is not vacuous, but instead refers to the violation of a directive...tortsprofGuest BloggerIntroducing Guest Blogger Tim Lyttontag:typepad.com,2003:post-6a00d8341bfae553ef0120a66dc23b970b2009-11-12T05:12:00-05:002009-11-11T12:48:59Z2009-11-12T10:12:00ZMonday's Guest Blogger is Tim Lytton. Lytton is currently the Albert and Angela Farone Distinguished Professor of Law at Albany Law School, where he teaches Administrative Law, Advanced Torts, ADR, Con Law, Jurisprudence, Legislation, Regulatory Law and Torts. Lytton began...tortsprofGuest BloggerTortsProfsAAJ Fears Compromise on Tort Reform for Health Care Passage; Starts Ad Campaigntag:typepad.com,2003:post-6a00d8341bfae553ef0120a67978b0970b2009-11-11T13:16:45-05:002009-11-11T18:16:45Z2009-11-11T18:16:45ZBen Smith at Politico.com has the story (and one of the internet ads). --CJRtortsprofCurrent AffairsLegislation, Reforms, & Political NewsToyota Sued Over Alleged "Sudden Acceleration" Problemtag:typepad.com,2003:post-6a00d8341bfae553ef0120a6716e9d970b2009-11-11T04:15:00-05:002009-11-11T09:15:00Z2009-11-11T09:15:00ZTwo L.A. residents have sued Toyota Motor Corp., alleging some Toyota and Lexus products manufactured since 2001 have been made with defective components causing sudden, unexpected acceleration. They are seeking class-action status. Toyota has focused on floor mats as the...tortsprofCurrent AffairsMDLs and Class ActionsProducts LiabilityCourt Dismisses Consumer Fraud Claims Against Searstag:typepad.com,2003:post-6a00d8341bfae553ef0120a66c046c970b2009-11-10T07:00:00-05:002009-11-10T12:00:00Z2009-11-10T12:00:00ZThe Northern District of Illinois has dismissed with prejudice consumer fraud claims in a putative class action against Sears based on an alleged design defect that prevented adequate water drainage and proper self-cleaning. The court held that plaintiffs' consolidated complaint...tortsprofMDLs and Class ActionsProducts Liability"Tort Bench and Jury Trials in State Courts, 2005"tag:typepad.com,2003:post-6a00d8341bfae553ef012875608104970c2009-11-10T05:00:00-05:002009-11-10T10:00:00Z2009-11-10T10:00:00ZThe DOJ's Bureau of Justice Statistics has released a new civil justice reports on "Tort Bench and Jury Trials in State Courts, 2005." This report [d]iscusses tort cases concluded by a bench or jury trial in a national sample of...tortsprofCurrent AffairsScholarshipGuest Blogger John C.P. Goldberg: What's Wrong with Torts?tag:typepad.com,2003:post-6a00d8341bfae553ef0128756672f0970c2009-11-09T07:39:49-05:002009-11-09T12:39:49Z2009-11-09T12:39:49ZWhat’s Wrong with Torts? Torts are wrongs. The word “tort” means “wrong.” A standard definition of a tort is: “a civil wrong, other than breach of contract, for which the courts will provide a remedy.” And yet the particular sense...tortsprofGuest BloggerJudge 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 Blogger