TortsProf Blog tag:typepad.com,2003:weblog-285304 2013-05-24T14:59:53Z A Member of the Law Professor Blogs Network TypePad
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 TortsprofBloghttp://feedburner.google.com Fordham's "Lawyering for Groups" tag:typepad.com,2003:post-6a00d8341bfae553ef0191027b394f970c 2013-05-24T07:59:53-07:00 2013-05-24T14:59:53Z 2013-05-24T14:59:53Z Howard Erichson and Ben Zipursky of Fordham recently chaired a symposium on "Lawyering for Groups." Participants included Beth Burch, Kristen Carpenter, Sam Issacharoff, Alexandra Lahav, Troy McKenzie, Nancy Moore, and Eli Wald. The papers are available at Mass Tort Lit... tortsprof Conferences MDLs and Class Actions Scholarship Turkewitz on PI Advertising and Mass Accidents tag:typepad.com,2003:post-6a00d8341bfae553ef01901c74a15a970b 2013-05-22T21:12:00-07:00 2013-05-23T04:12:00Z 2013-05-23T04:12:00Z Over at New York Personal Injury Law Blog, Eric Turkewitz looks at lawyer advertising in the wake of the Metro-North derailment. --CJR tortsprof Weblogs CT: Attorneys Absolutely Immune During Litigation from Fraud, IIED Claims tag:typepad.com,2003:post-6a00d8341bfae553ef01901c6c6d3f970b 2013-05-21T23:38:00-07:00 2013-05-22T06:38:00Z 2013-05-22T06:38:00Z A divided Connecticut Supreme Court affirmed yesterday that attorneys are absolutely immune from claims for fraud and IIED for conduct that occurred during litigation. The case involved a series of attorneys who allegedly concealed a client's large inheritance from her... tortsprof Current Affairs Culhane on Concussions as a Public Health Problem tag:typepad.com,2003:post-6a00d8341bfae553ef01901c6baf31970b 2013-05-21T09:56:14-07:00 2013-05-21T16:56:14Z 2013-05-21T16:56:14Z John Culhane (Widener) has posted his contribution to the FIU symposium on concussions to SSRN. Entitled Not Just the NFL: Compensation, Litigation, and Public Health in Concussion Cases, the abstract provides: This article examines the recent attention given to traumatic... tortsprof Scholarship Sports Catastrophic Payments and Medical Malpractice tag:typepad.com,2003:post-6a00d8341bfae553ef017eeb45b451970d 2013-05-17T11:03:34-07:00 2013-05-17T18:03:34Z 2013-05-17T18:03:34Z Terry Baynes of Reuters has written an article about the recent study by a group of physicians at John Hopkins finding that large med mal awards do not contribute significantly to healthcare costs. The article quotes the lead author of... tortsprof Legislation, Reforms, & Political News Scholarship Science Scheuerman on Class Certification in NFL Concussion Litigation tag:typepad.com,2003:post-6a00d8341bfae553ef01901c3e8ecb970b 2013-05-16T05:31:01-07:00 2013-05-16T12:35:33Z 2013-05-16T12:31:01Z TortsProf's Sheila Scheuerman has posted to SSRN The NFL Concussion Litigation: A Critical Assessment of Class Certification. The abstract provides: In the world of high-stakes class action litigation, a new theory is emerging that seeks to overcome the longstanding hurdles... tortsprof Scholarship Sports Rhee on the Tort Foundation of Duty of Care and Business Judgment tag:typepad.com,2003:post-6a00d8341bfae553ef01901c2b784b970b 2013-05-14T21:52:00-07:00 2013-05-15T04:52:00Z 2013-05-15T04:52:00Z Robert Rhee (Maryland) has posted to SSRN The Tort Foundation of Duty of Care and Business Judgment. The abstract provides: This Article corrects a misconception in corporation law – the belief that principles of tort law do not apply to... tortsprof Scholarship Condo/Co-Op Liability Following Hurricane Sandy tag:typepad.com,2003:post-6a00d8341bfae553ef017eeb0437a8970d 2013-05-14T02:59:00-07:00 2013-05-14T09:59:00Z 2013-05-14T09:59:00Z The New York Law Journal has an interesting story about negligence suits filed against Condo and Co-Op Associations following Hurricane Sandy. Thanks to Lisa Smith-Butler for the alert. - SBS tortsprof Current Affairs Teaching Torts Can a texter be liable for sending text and distracting driver? tag:typepad.com,2003:post-6a00d8341bfae553ef017eeb042d1c970d 2013-05-13T02:52:00-07:00 2013-05-13T09:52:00Z 2013-05-13T09:52:00Z The ABA Law Journal reports on an novel theory being tested in the New Jersey appellate courts: Does sending a text to someone you know is driving create tort liability? The plaintiffs were injured by a driver who was distracted... tortsprof Current Affairs Teaching Torts Catastrophic Medical Malpractice Payouts in the United States tag:typepad.com,2003:post-6a00d8341bfae553ef01901bef60c7970b 2013-05-08T08:24:52-07:00 2013-05-08T15:24:52Z 2013-05-08T15:24:52Z A team of doctors has published a study by this name in the Journal for Healthcare Quality. The absract provides: Catastrophic medical malpractice payouts, $1 million or greater, greatly influence physicians’ practice, hospital policy, and discussions of healthcare reform. However,... tortsprof Experts & Science The Compensation Fund: Feinberg's Back tag:typepad.com,2003:post-6a00d8341bfae553ef017eead67eff970d 2013-05-06T02:17:00-07:00 2013-05-06T09:17:00Z 2013-05-06T09:17:00Z Massachusetts Governor Deval Patrick and Boston Mayor Tom Menino have appointed Ken Feinberg to run the One Fund Boston for victims of the Boston marathon bombing. The Enterprise has an interview with Feinberg as does MSNBC. Similar to his work... tortsprof Current Affairs 2013 Med Mal Payouts tag:typepad.com,2003:post-6a00d8341bfae553ef01901bcd333f970b 2013-05-03T08:08:38-07:00 2013-05-03T15:08:38Z 2013-05-03T15:08:38Z Diederich Healthcare has released the 2013 statistics for med mal payouts. It's a treasure trove of data. Some quick takes: $3.6 billion in med mal payouts in 2012 12,142 total payouts in 2012 Payouts were 3.4% lower than 2011 (continuing... tortsprof Current Affairs Swan on Tort Law, Sexual Assault, and Third Parties tag:typepad.com,2003:post-6a00d8341bfae553ef019101c318d6970c 2013-05-03T07:55:04-07:00 2013-05-03T14:55:37Z 2013-05-03T14:55:04Z Sarah Swan (JSD Candidate, Columbia) has posted to SSRN Triangulating Rape. The abstract provides: Civil actions for rape and sexual assault have recently been undergoing significant changes in both quantity and quality. Quantitatively, the number of these kinds of cases... tortsprof Scholarship FL: House Passes Med Mal Reform; To Scott for Signature tag:typepad.com,2003:post-6a00d8341bfae553ef01901bc4aecb970b 2013-05-02T07:33:56-07:00 2013-05-02T14:33:56Z 2013-05-02T14:33:56Z Yesterday the Florida House passed a med mal reform bill that restricts experts testifying against a defendant doctor to the same specialty, not just the same field. Bloomberg Businessweek has the story. --CJR tortsprof Legislation, Reforms, & Political News PA: Venue Rule Covering Out-of-State Doctors Is Constitutional tag:typepad.com,2003:post-6a00d8341bfae553ef01901bbe470a970b 2013-05-01T21:34:00-07:00 2013-05-02T14:34:53Z 2013-05-02T04:34:00Z A Philadelphia judge has held that a rule allowing venue over out-of-state doctors in any county in Pennsylvania is constitutional. Amaris Elliott-Engel has the full story for The Legal Intelligencer (behind a pay wall). --CJR tortsprof Current Affairs Today in Med Mal Reform tag:typepad.com,2003:post-6a00d8341bfae553ef01901bbe1ac6970b 2013-05-01T09:07:18-07:00 2013-05-01T16:07:18Z 2013-05-01T16:07:18Z In Missouri, the Senate is debating whether to reinstate a cap on med mal damages after the Missouri Supreme Court ruled last year that a prior cap was unconstitutional. At this point, negotiations are "in limbo," with no vote after... tortsprof Legislation, Reforms, & Political News Terrorism Insurance in the Wake of the Boston Marathon Attack tag:typepad.com,2003:post-6a00d8341bfae553ef01901bb64d1a970b 2013-04-30T06:44:04-07:00 2013-04-30T13:44:04Z 2013-04-30T13:44:04Z Because of the link between torts and insurance, many of you either teach Insurance or are interested in the subject. Here's a local story focusing on terrorism insurance after Boston. The upshot is that homeowners are generally covered and businesses... tortsprof Guest Blogger Max Kennerly: "The Danger of Assuming Judicial Omniscience in Tort Law" tag:typepad.com,2003:post-6a00d8341bfae553ef017d431ef04e970c 2013-04-26T02:32:00-07:00 2013-04-26T09:32:00Z 2013-04-26T09:32:00Z When Chris invited me to write a guest post for TortsProf, I already knew what I was going to write about: how the courthouse doors were being increasingly closed on tort plaintiffs by way of procedural changes, to the point... tortsprof Guest Blogger Tomorrow's Guest Blogger: Max Kennerly tag:typepad.com,2003:post-6a00d8341bfae553ef01901b948cb2970b 2013-04-25T14:03:00-07:00 2013-04-25T21:03:00Z 2013-04-25T21:03:00Z Max Kennerly has successfully represented a wide variety of injured clients, from the parents of an 18-year-old who needlessly died during liposuction (a case that required a five week trial in 2008, resulting in a $20.5 million jury verdict, including... tortsprof Guest Blogger JOTWELL Torts: Zipursky on Moore on Intent tag:typepad.com,2003:post-6a00d8341bfae553ef017d431c14ae970c 2013-04-25T09:35:26-07:00 2013-04-25T16:35:26Z 2013-04-25T16:35:26Z At JOTWELL, Ben Zipursky (Fordham) reviews Nancy Moore's Intent and Consent in the Tort of Battery: Confusion and Controversy, 61 Am. U. L. Rev. 1585 (2012). --CJR tortsprof