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25 Oct 2009, 10:58 pm
I have always been a little uncomfortable with the purported distinction between "public" and "private" law, as applied to Torts. [read post]
24 Oct 2009, 2:00 am
2009 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... [read post]
23 Oct 2009, 2:00 am
Happy Fall to all our readers. . . here's what happened this lovely fall week in the world of torts. [read post]
21 Oct 2009, 10:32 am
On 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. [read post]
21 Oct 2009, 2:12 am
On Monday, the Supreme Judicial Court of Massachusetts recognized medical monitoring as a viable cause of action in the Commonwealth of Massachusetts. [read post]
20 Oct 2009, 2:00 am
Today, we have a special guest blogger, Victor Schwartz, who, among other notable accomplishments, is one of the authors of the widely-used torts casebook, Prosser, Wade & Schwartz's Torts. * * * Recently, I responded affirmatively to the very gracious... [read post]
19 Oct 2009, 1:53 am
If you are not a torts professor, you might think it odd that the two approaches that currently dominate tort theory are "law and economics" and "corrective justice. [read post]
17 Oct 2009, 3:55 am
Joni Hersch (Vanderbilt), Jeffrey O'Connell (Virginia), and Kip Viscusi (Vanderbilt) have posted to SSRN Reply to the Effects of "Early Offers" in Medical Malpractice Cases: Evidence from Texas. [read post]
14 Oct 2009, 3:11 am
Jeffrey O'Connell (Virginia) and Patricia Born (Florida State Business) have posted to SSRN The Similar Cost and Other Advantages of an Early Offer Reform for Products Liability Claims for Personal Injury Compared to General Liability Claims Therefor. [read post]
14 Oct 2009, 2:05 am
The Congressional Budget Office estimated that a $500,000 cap on punitive damages and a $250,000 cap on pain-and-suffering damages would save $54 billion over ten years and lower liability insurance premiums by 10%. [read post]
13 Oct 2009, 2:00 am
Pursuant to an order issued last Friday, nine pending Zicam suits have been consolidated for pre-trial proceedings before U.S. [read post]
12 Oct 2009, 2:00 am
Although Aristotle first distinguished the two ideals more than 2300 years ago, the relationship between corrective and distributive justice has been the topic of a good deal of discussion in recent years. [read post]
9 Oct 2009, 3:53 am
I'm back from a fun weekend at the Austin City Limits Music Festival (highlights: Dirty Projectors, Flogging Molly, Avett Brothers, plus great stuff on the kids' stage). [read post]
7 Oct 2009, 7:19 am
Our thanks to Mike Rustad for highlighting TortsProfs in the... [read post]