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TortsprofBloghttp://feedburner.google.comTexting Torttag:typepad.com,2003:post-6a00d8341bfae553ef011571f8ac35970b2009-07-14T10:43:37-04:002009-07-14T14:43:37Z2009-07-14T14:43:37ZA new one to add to your hypos for fall semester: A fifteen year old girl was walking and texting when she fell into an open manhole. The family plans to sue the city. Jonathan Turley has more. - SBStortsprofTeaching TortsKing of Torts' Former House for Sale tag:typepad.com,2003:post-6a00d8341bfae553ef011571039de2970c2009-07-14T10:42:49-04:002009-07-14T14:42:49Z2009-07-14T14:42:49ZIt could be yours for a mere $39.5 million. Details at the WSJ Law Blog. - SBStortsprofCurrent AffairsGibson on "Doctrinal Feedback"tag:typepad.com,2003:post-6a00d8341bfae553ef01157108b8ea970c2009-07-13T11:44:54-04:002009-07-13T15:44:54Z2009-07-13T15:44:54ZJim Gibson (Richmond), mostly an IP prof (and my former colleague from Williams & Connolly), has posted (a while ago) an interesting torts-related piece, Doctrinal Feedback and (Un)Reasonable Care. In it, he addresses the circularity of the standard of care...tortsprofLegislation, Reforms, & Political NewsBaker NYT Editorial: Liability=Responsibilitytag:typepad.com,2003:post-6a00d8341bfae553ef011571fd38e8970b2009-07-13T11:19:50-04:002009-07-13T15:19:50Z2009-07-13T15:19:50ZOn Saturday, Tom Baker (Penn) published an op-ed in the NYT on med mal reform. --CJRtortsprofLegislation, Reforms, & Political NewsAZ: Gov Signs Bill Raising Burden of Proof for ER Physicianstag:typepad.com,2003:post-6a00d8341bfae553ef011571f45a6a970b2009-07-11T10:39:48-04:002009-07-11T14:39:48Z2009-07-11T14:39:48ZYesterday, Gov. Jan Brewer signed a bill into law requiring plaintiffs to prove malpractice against ER physicians by clear-and-convincing evidence. The new law takes effect on September 30th. Forbes.com has a brief story here. --CJRtortsprofLegislation, Reforms, & Political NewsOR: Family of 3-Year-Old Boy, Kaiser Permanente Settle Med Mal Suittag:typepad.com,2003:post-6a00d8341bfae553ef011570f7d0ab970c2009-07-10T10:06:19-04:002009-07-10T14:28:48Z2009-07-10T14:06:19ZThe case caused The Oregonian to investigate the physician involved in 2005; multiple alleged errors were discovered. AboutLawsuits.com has the details.tortsprofCurrent AffairsMI Court: Damages for Caring for Kids Uncappedtag:typepad.com,2003:post-6a00d8341bfae553ef011570f12a86970c2009-07-09T10:16:38-04:002009-07-09T14:16:38Z2009-07-09T14:16:38ZA divided Michigan Supreme Court has allowed to stand a ruling that a dead mother's family can sue for $1.4 M for lost household services. The defendants argued the damages were noneconomic and, thus, subject to a damages cap. I...tortsprofDamagesLogue on Coordinating Sanctions in Tortstag:typepad.com,2003:post-6a00d8341bfae553ef011571e5bf15970b2009-07-09T09:56:26-04:002009-07-09T13:56:26Z2009-07-09T13:56:26ZKyle Logue (Michigan) has posted to SSRN Coordinating Sanctions in Torts. Here is the abstract: This Article begins with the canonical law-and-economics account of tort law as a regulatory tool, that is, as a means of giving regulated parties the...tortsprofScholarshipPalin Threatens Defamation Suitstag:typepad.com,2003:post-6a00d8341bfae553ef011571d498f3970b2009-07-08T07:17:35-04:002009-07-08T11:17:35Z2009-07-08T11:17:35ZJonathan Turley reports that Sarah Palin's lawyer has sent "cease and desist" letters to the Washington Post and other news outlets regarding their reporting on her decision to leave office. Although the letter reportedly threatens a defamation suit, Turley notes...tortsprofLegislation, Reforms, & Political NewsFoundations of Torts 2d Edition Availabletag:typepad.com,2003:post-6a00d8341bfae553ef011570b996bd970c2009-07-07T08:11:13-04:002009-07-07T12:11:13Z2009-07-07T12:11:13ZA second edition of Foundations of Torts, co-edited by Saul Levmore (Dean, Chicago) and Cathy Sharkey (NYU), is now available: This is a completely revamped, updated version of the original 1993 edition, and is a valuable resource for torts professors...tortsprofScholarshipTeaching TortsLevaquin Suits Designated as Mass Tort in NJ tag:typepad.com,2003:post-6a00d8341bfae553ef011571aea47d970b2009-07-07T08:10:10-04:002009-07-07T12:10:10Z2009-07-07T12:10:10ZNew Jersey Law Journal (via law.com)reports that the New Jersey Supreme Court has designated the growing litigation over Levaquin, an antibiotic manufactured by Johnson & Johnson, as a mass tort. The case has been assigned to Atlantic County Superior Court...tortsprofMDLs and Class ActionsProducts LiabilityProducts Claim Against Boeing for "Fume Event" Sicknesstag:typepad.com,2003:post-6a00d8341bfae553ef011570c132a6970c2009-07-04T08:15:57-04:002009-07-04T12:15:57Z2009-07-04T12:15:57ZCNN has the details here. --CJRtortsprofCurrent AffairsProducts LiabilityPersonal Injury Roundup No. 41 (7/03/09)tag:typepad.com,2003:post-6a00d8341bfae553ef011570a37cd7970c2009-07-03T08:15:22-04:002009-07-03T13:12:25Z2009-07-03T12:15:22ZHappy Fourth of July! Reform, Legislation, Policy Point: Richard Epstein on Medical Malpractice Reform (Olson/Point of Law) Counterpoint: Eric Turkewitz Responds (New York Personal Injury Law Blog) Alberto Bernabe has more here. Trials, Settlement and Other Ends NE: Inmate Kills...tortsprofRoundupRoss & Prince on Post-Sale Dutiestag:typepad.com,2003:post-6a00d8341bfae553ef011571a228de970b2009-07-02T11:21:55-04:002009-07-02T15:21:55Z2009-07-02T15:21:55ZKenneth Ross (Adjunct Minnesota & Products Liability Prof Blog) and J. David Prince (William Mitchell & Products Liability Prof Blog), in a recent article in the Brooklyn Law Review, provide an overview of post-sale duties in the Restatement (Third) of...tortsprofProducts LiabilityScholarshipLay Perceptions of Strict Liability Standards in Mundane Casestag:typepad.com,2003:post-6a00d8341bfae553ef011570a5e527970c2009-07-02T07:54:23-04:002009-07-02T11:54:23Z2009-07-02T11:54:23ZMatthew Kugler (Princeton-Psychology), John Darley (Princeton), Joseph Sanders (Houston), & Lawrence Solan (Brooklyn) have posted to SSRN Riding a Bicycle is Not an Abnormally Dangerous Activity: Lay Perceptions and the Appearance of Strict Liability Standards in Mundane Cases. Here is...tortsprofScholarshipFDA Advisory Panel Recommends Ban on Percocet and Vicodintag:typepad.com,2003:post-6a00d8341bfae553ef011570a34a59970c2009-07-01T08:07:50-04:002009-07-01T12:07:50Z2009-07-01T12:07:50ZAn FDA Advisory Panel has recommended a ban on drugs that combine narcotics with acetaminophin (i.e., Tylenol or Excedrin). As the New York Times reports: High doses of acetaminophen are a leading cause of liver damage, and the panel noted...tortsprofLegislation, Reforms, & Political NewsScorned Husband Sues Wife's Alleged Lovertag:typepad.com,2003:post-6a00d8341bfae553ef0115718f0222970b2009-06-30T08:39:06-04:002009-06-30T12:39:06Z2009-06-30T12:39:06ZA new alienation-of-affection case from Jonathan Turley: Wealthy car dealer Bob Rohrman (known as “Bob Rohrrrrrrr-man” on his commercials) is suing a surgeon, Dr. Sami M. Bittar, who wooed his wife, Ronda. Of course, Rohrman must show that the couple...tortsprofCurrent AffairsTeaching TortsThe D.C. Metro Crash: Race to the Courthousetag:typepad.com,2003:post-6a00d8341bfae553ef011570942420970c2009-06-29T16:58:10-04:002009-06-29T20:58:10Z2009-06-29T20:58:10ZJohn Bratt, an associate of Ron Miller, has a post at Baltimore Injury Lawyer Blog. For those of you who are just-the-facts types: Train accident on 6/22 at 5:02 p.m.; first suit filed on 6/24. --CJRtortsprofCurrent AffairsG.M. Keeps Liability for Unfiled Products Claims tag:typepad.com,2003:post-6a00d8341bfae553ef01157090fea1970c2009-06-29T08:20:52-04:002009-06-29T12:20:52Z2009-06-29T12:20:52ZAs the New York Times reports, General Motors will retain liability for unfiled products liability claims as part of its bankruptcy. Previously-filed claims, however, will be part of the bankruptcy. A hearing on G.M.'s bankruptcy plan is scheduled for tomorrow...tortsprofCurrent AffairsLegislation, Reforms, & Political NewsProducts LiabilityCookie Dough Suits Filedtag:typepad.com,2003:post-684809912009-06-27T09:07:27-04:002009-06-27T13:07:27Z2009-06-27T13:07:27ZA California woman has filed suit against Nestle alleging that raw chocolate chip cookie dough gave her food poisoning, although no tests have confirmed any contamination in Nestle products and despite a clear warning on Nestle pre-packaged cookie dough not...tortsprofProducts Liability