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23 Oct 2017, 2:55 am by Walter Olson
And the Routledge Encyclopedia of Libertarianism includes Jessica Flanigan on libertarianism and medicine; If treatment deviating from the standard of care is the standard for malpractice, then some patients in pursuit of unconventional therapy choose it, and the law of waivers and of assumption of risk should respect their autonomy [Nadia Sawicki via TortsProf] About the Washington Post’s big opioid-legislation exposé, a few questions [Robert VerBruggen] Tags:… [read post]
13 Oct 2017, 1:08 am by tortsprof
We have heard a lot about technology changing tort law in the form of autonomous vehicles. [read post]
12 Oct 2017, 4:37 am by tortsprof
A study (with a small sample) published in JAMA Internal Medicine found the majority of patients satisfied with communication-and-resolution programs, a more cooperative alternative to litigation in the med mal context. [read post]
11 Oct 2017, 2:17 am by tortsprof
Witnesses to the mass shooting in Las Vegas have filed a would-be class action lawsuit against manufacturers of bump stocks, the device used by shooter Stephen Paddock to accelerate gunfire from his semi-automatic weapon. [read post]
9 Oct 2017, 5:30 am by tortsprof
Leslie Kendrick has posted to SSRN Free Speech as a Special Right. [read post]
5 Oct 2017, 8:06 am by tortsprof
At JOTWELL, Greg Keating reviews Aaron James's The Distinctive Significance of Systemic Risk. [read post]
4 Oct 2017, 3:25 am by tortsprof
The number of medical malpractice cases filed in Kansas between July 1, 2016 and June 30, 2017 increased to 276 from 248 the prior fiscal year. [read post]
3 Oct 2017, 2:13 am by tortsprof
Val Joseph Corbett has posted to SSRN The Discount Rate & Periodic Payments in Tort Law. [read post]
2 Oct 2017, 3:03 am by Walter Olson
Multi-district litigation still a Wild West realm: “Lawyers for Civil Justice Urges Reform of MDL Procedures” [request for rulemaking via TortsProf] “Multidistrict Litigation Reform: The Case for Earlier Application of Federal Pleading Standards” [James Beck, WLF] Lawyer vs. lawyer: “Philadelphia Injury Firm Sues Morgan & Morgan for False Advertising” [P. [read post]
29 Sep 2017, 4:58 am by tortsprof
Nahel Asfour has published Wrongful Enrichment: A Study in Comparative Law and Culture (Hart Publishing). [read post]
28 Sep 2017, 4:32 am by tortsprof
The Washington Supreme Court let stand an appellate court decision rejecting a pet owner's claim to emotional distress damages for witnessing a difficult euthanasia. [read post]
27 Sep 2017, 5:39 am by tortsprof
Ronen Perry has posted to SSRN Crowdfunding Civil Justice. [read post]
25 Sep 2017, 1:47 am by tortsprof
Steve Sugarman has posted to SSRN Restating the Tort of Battery. [read post]
22 Sep 2017, 5:41 am by tortsprof
Nadia Sawicki has posted to SSRN Choosing Malpractice: A New Narrative for Limiting Physician Liability. [read post]
21 Sep 2017, 6:17 am by tortsprof
Steve Sugarman has posted to SSRN Torts and Guns. [read post]
19 Sep 2017, 1:49 am by tortsprof
Mark Geistfeld has posted to SSRN Protecting Confidential Information Entrusted to Others in Business Transactions: Data Breaches, Identity Theft, and Tort Liability. [read post]
18 Sep 2017, 4:14 am by tortsprof
Steep incline + inebriation = "exceedingly dangerous". [read post]
14 Sep 2017, 1:10 am by tortsprof
At Legally Speaking Ohio, Marianna Brown Bettman analyzes a case handed down by the Ohio Supreme Court last week. [read post]