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8 Jan 2024, 3:30 am by Ellen Bublick
Ellen Bublick If one party argues that another is guilty of negligence for breathing air, no court should allow that claim or defense. [read post]
12 Aug 2022, 3:30 am by Ellen Bublick
Ellen Bublick On its face, there is a certain hypocrisy to the fact that governments permitted private parties to distribute massive amounts of opioids, stood on the sidelines as overuse and misuse created a deadly toll, and, only after the fact, sued for damages through torts like public nuisance. [read post]
31 Jan 2022, 5:01 am by Eugene Volokh
Ellen Bublick puts it well in praising a court decision that held a "woman had no duty to warn [her] date about her extremely jealous ex-boyfriend"—"[a] contrary view could let his violence control her life. [read post]
15 Oct 2019, 3:30 am by Ellen Bublick
Ellen Bublick Tort law is no stranger to controversy. [read post]
31 Jul 2018, 3:30 am by Ellen Bublick
Ellen Bublick Now that self-driving vehicles roam the roads and have already caused injury and death,1 many talented torts scholars are reviewing the role of tort law as a regulator of this new technology and as an insurer of its victims.2 In their recent article, Automated Vehicles and Manufacturer Responsibility for Accidents: A New Legal Regime for a New Era, the formidable duo of Ken Abraham and Robert Rabin join the inquiry. [read post]
6 Jul 2017, 3:30 am by Ellen Bublick
Ellen Bublick When plaintiffs suffer actionable injury, courts in the United States attempt to calculate an individualized measure of compensation for each plaintiff. [read post]
19 Aug 2016, 3:30 am by Ellen Bublick
Ellen Bublick The recent Restatement Third of Torts divides U.S. tort law into separate categories of harm. [read post]
23 Feb 2016, 3:30 am by Ellen Bublick
Ellen Bublick United States courts cited Dean Prosser’s hornbook on Torts more than 200 times over the course of 2015. [read post]