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28 May 2014, 1:37 am by tortsprof
In an attempt to elicit comments about the ALI's Restatement of Intentional Torts, Ken Simons and Ellen Pryor asked that I post the black letter portions of the current draft. [read post]
9 Jul 2015, 1:06 am by tortsprof
Relying on the Florida Supreme Court's ruling that a cap on emotional distress damages in wrongful death cases is unconstitutional, an intermediate appellate court (the Fourth District Court of Appeal) ruled the state's med mal cap on noneconomic damages violates... [read post]
27 Oct 2015, 2:45 am by tortsprof
According to a study published this week in Aon's annual benchmark analysis of hospital and professional liability, the average cost of closed claims with indemnity at U.S hospitals ($459,000) is near an all-time high. [read post]
19 Jul 2009, 6:02 am
Ronen Avraham (Texas), David Hyman (Illinois--Law & Medicine), and Charles Silver (Texas) have published an op-ed on medical malpractice damage caps in the Fort Worth Star-Telegram. [read post]
22 Sep 2009, 9:49 pm
Joni Hersch & Kip Viscusi (Vanderbilt) have posted to SSRN Saving Lives through Punitive Damages. [read post]
20 Nov 2009, 2:17 am
I hope your last week before Thanksgiving was a good one! [read post]
24 Feb 2010, 2:19 am by tortsprof
Jon Hanson (Harvard) and Douglas Kysar (Yale) will give the 2010 Monsanto Lecture at Valparaiso on Friday, March 19 at 4:00 p.m. [read post]
7 Apr 2011, 9:39 am by tortsprof
Keith Hylton (Boston University) and Haizhen Lin (Indiana University) have posted to SSRN Negligence, Causation, and Incentives for Care. [read post]
20 Jan 2015, 1:11 am by tortsprof
On Friday, I reported that Indiana's intermediate appellate court upheld its governmental damages cap from a constitutional challenge. [read post]
1 Jul 2014, 9:17 am by tortsprof
The second set of articles from the April 2013 symposium at Widener, Perspectives on Mass Tort Litigation, are now available. [read post]
14 Jan 2020, 4:06 am by tortsprof
James Goudkamp has posted to SSRN Book Review: A Theory of Tort Liability. [read post]
14 Dec 2017, 4:35 am by tortsprof
A state representative in Wisconsin has introduced a bill allowing patients to request audio and video recordings in operating rooms. [read post]
24 Mar 2009, 4:10 am
As Pacific Business News reports, House Bill 1784 is moving forward in the Hawaiian legislature: HB 1784 limits noneconomic damages to $250,000 in medical malpractice claims against certain specialists who practice in areas such as emergency medicine, neurological surgery, obstetrics... [read post]
5 Jun 2009, 4:51 am
Happy birthday today to both my Dad (62) and my brother (34). [read post]
7 Jul 2009, 5:10 am
New 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. [read post]
1 Jun 2012, 8:27 am by tortsprof
Senate and House negotiators agreed on a bill that retained the House's "loser pays" provision if a claimant turns down an early offer after requesting it: A claimant who rejects an early offer and who does not prevail in an... [read post]
2 Dec 2016, 9:24 am by tortsprof
A bill was introduced in the Senate yesterday by Senators Booker and Gillibrand seeking to limit the consideration of race and gender in computing damage awards. [read post]