Tort Law & Social Equality Project lecture series

 I just recently learned of an online lecture series on advanced torts topics.  The series is hosted by a Canadian organization called the Tort Law & Social Equality Project, whose goal is to foster an awareness of the many inadvertent ways in which legal rules within tort law reinforce and perpetuate systemic social inequalities.  Their website is available here.  From there you can click on the “speaker series” tab if you want to watch the lectures live, or you can watch the videos later on their YouTube channel, here. 

 

"Worth" -- Netflix's movie on the 9/11 victim's compensation fund, and interviews with Ken Feinberg

To coincide with the 20th anniversary of the attacks on September 11, 2001, Netflix released a new movie called "Worth".  It is a dramatization of the story behind the 9/11 victims compensation fund, which was administered by Ken Feinberg.  

I recently watched the movie and I recommend it.  It is not a thriller, nor a courtroom drama, but it does a good job of showing the every day inner workings of torts lawyers trying to figure out how to manage the type of compromise it takes to evaluate claims fairly.  And in a case like the 9/11 fund everything was amplified and more difficult.  I don't know how much of the movie was accurate or how much was exaggerated from dramatic purposes, but I can say that the scenes where the lawyers meet with grieving and angry clients are true to life, as any plaintiffs' lawyer will tell you.

Victims compensation fund are not perfect, and we can argue whether they are even fair given how the lawyers calculate compensation, but I think the movie is worth watching (excuse the pun).

In addition, if you have 20 minutes, take a look at Ken Feinberg himself talking about compensation funds in this short talk.

Finally, just a few days ago Feinberg was interviewed for a podcast.  You can listen to the interview by clicking on the play button below or by going here.

In both the talk and the recent interview Feinberg explains why he thinks that victims compensation funds are not a good idea as an alternative to litigation and should not be used generally in the future.

Podcast: legal implications related to autonomous vehicles

Long time readers of this blog may recall I have posted a few comments and links related to legal and ethical implications related to the use of autonomous vehicles.  See here, here, here, here and here.

Adding to that list, here is a recent podcast on the subject.

Podcast on e-cigarettes, vaping claims, and regulation

Yesterday I posted a note about a new case filed against the manufacturer of a popular e-cigarette product.

Here is a link to a podcast on Ringler Radio in which hosts Larry Cohen and Ford Swift talk with attorney Joseph VanZandt about claims of false and deceptive sales, marketing, and labeling against JUUL, and the failure to warn of the products’ highly addictive levels of nicotine, all targeting young people.

Podcast on internet defamation

The most recent edition of the podcast "Digital Detectives" is devoted to a discussion of what lawyers need to look out for when handling a defamation case that originates in comments made on the internet.  You can listen to the program by going here.

Podcast on autonomous vehicles

A recent University of Virginia School of Law podcast addresses the effect of autonomous vehicles on tort and insurance.  You can listen to the program here or read about it here.


Thanks to the TortsProf blog for the link.

Podcast: Challenges of self driving cars

The program Case in Point (Univ. of Pennsylvania Law School) has posted a new 20 minute podcast on "Challenges of Self-Driving Vehicles." 

Podcast: Legal issues related to Pokemon Go

Pokemon Go, the latest craze that has millions of people walking around using their phones to find and "capture" pocket monsters, has generated much attention this summer.  And, as it happens frequently, the use of the app has raised a number of legal issues.  Some of the issues are:  possible tort liability for injuries caused by, or to, people who are playing the game, issues related to trespass into private property, and issues related to nuisance.

So, to help you sort out some of these issues, Lawyer2Lawyer has posted a podcast on the legal issues related to Pokemon Go.  You can listen to it by clicking on the play button below, or if you can't see the button, by going here.

Short podcast on driverless (self driving) cars

A few days ago I posted links to two stories on driverless, or self driving, cars.  See here.  Today, Bloomberg law posted a short podcasts on the same issues.  You can listen to the podcast here (16 minutes) or to a shorter version here (3 minutes).

Two interesting stories about driverless, or self driving, cars

I have posted a couple of stories on possible legal issues related to driverless cars before (see here, for example).  So, to follow up on that, in case you haven't seen them, here are two interesting recent stories about issues related to driverless, or self driving, cars:

Self-Driving Cars Have Twice The Accidents, But Only Because Humans Aren't Used To Vehicles Following The Rules

The Ethical and Legal Dilemmas of Self-Driving Cars

Podcast on legal issues related to "driverless cars"

Lawyer-2-Lawyer has posted a new podcast on the many legal issues related to "driverless cars."  You can listen to it by clicking on the play button below or, if you can't see that button, by going here.  Here is the description:

Are you tired of driving yourself to work? Have you always wanted a chauffeur but never could afford one? If this sounds like you, then happy days are here with the advent of the driverless car. Institutions like Google, Carnegie Mellon, and Uber are developing what they hope to be totally autonomous vehicles capable of ushering passengers to and from destinations without the need for a human driver. But what does that mean for the law, safety standards, and our freedoms?

In this episode of Lawyer 2 Lawyer, host J. Craig Williams interviews attorney and author of Robots Are People Too John Weaver, researcher and writer for Michigan Auto Law Todd Berg, and litigator and author of Motorista Anna Eby. Together they discuss liability for passengers, possible federal regulations, and risks associated with vehicle hacks. In addition, they debate when the government might pilot your driverless car, how medical emergencies in autonomous vehicles will be handled, and the possibility of the repo man summoning your automobile. Tune in to hear about existing driverless car laws and much much more!

Here is the podcast:

Court of Appeals for the 11th Circuit holds that a cruise line can be held liable for the medical malpractice of a ship's doctor

About a month ago, the Court of Appeals for the 11th circuit issued an opinion that breaks away from a longstanding approach to medical malpractice cases against cruise lines.  The case is called Franza v Royal Caribbean and you can read it here. 

Before this decision, courts typically ruled that plaintiffs could not recover from a cruise line for injuries caused by the medical personnel on board a cruise ship because either the doctors were not employees (but independent contractors) or because they were exercising independent medical judgment over which the cruise line had no control and for which it should not be held liable.  In Franza, however, the court held that things have changed and that cruise lines should be subject to liability for the medical personnel they employ.  Accordingly, the court stated

we now confront state-of-the-art cruise ships that house thousands of people and operate as floating cities, complete with well-stocked modern infirmaries and urgent care centers. In place of truly independent doctors and nurses, we must now acknowledge that medical professionals routinely work for corporate masters. And whereas ships historically went 'off the grid' when they set sail, modern technology enables distant ships to communicate instantaneously with the mainland in meaningful ways

The case may also have implications outside of the medical liability areas since cruise lines also employ many other people to provide services to passengers.

Bloomberg law has a short podcast discussing the case and its implications here.  The Daily Report has an article here.

Podcast on the Takata airbag cases that have settled confidentially

Go here to listen to a Bloomberg law four minute interview on the Takata airbag cases that have settled confidentially

Podcast on dog bite cases and litigation

The Legal Talk Network has a podcast (here) on issues related to dog bite litigation including a discussion of the use of a structured settlement in these specific cases and how these incidents can be prevented.

Podcast on whether there can (or should) be liability for texting someone who is driving

The New Jersey State Appeals Court recently ruled that texting someone while that person is driving may cause the sender to be liable if an accident occurs. The Legal Talk Network has a podcast discussing the issue here.

Podcast on whether there can be liability for texting a driver

I recently reported that the Appellate Division of New Jersey Superior Court decided that a person who sends a text to a driver can be liable for damages caused by the driver if the driver is distracted by the text if the texter knew that the recipient was driving and reading texts while driving.  Here is a link to a 30 minute podcast discussing the case.

Podcast on litigation over damages caused by bedbugs

The Legal Talk Network has a new podcast discussing  issues related to litigation over damages caused by bedbugs.  The description of the show reads: "All across America, from motels to five‑star hotels, bed bugs are affecting people both physically and mentally, resulting in lawsuits. These tiny creatures are not only limited to hotels, but can be found virtually anywhere; from apartments, schools, and hospitals, to warehouses, box springs, and mattresses. Ringler Radio host, Larry Cohen joins Ringler colleague and co-host, Ross Duncan and guest, Attorney Daniel W, Whitney, managing partner of Whitney & Bogris, LLP, as they take a look at the impact of bedbugs, the preventive measures to help avoid them, as well as some of the litigation that’s risen up to combat the problem."  You can listen to the program here.

Podcast on medical apology programs

Here is a link to a podcast with a very interesting title: "How Medical Apology Programs Harm Patients."  The podcast discusses a paper which is available for download here.

BP Oil Spill Settlement Update

Here is a link to a podcast on the BP Oil settlement.

Lawsuit filed for damages related to the Concordia Cruise ship accident

Yesterday, I posted a link to a podcast on the possible liability of the Costa Cruise line for the recent cruise ship accident in which the Costa Concordia ship ran aground and capsized off the coast of Italy (here).  Today, there is news that a class action lawsuit has been filed against Costa Cruise line and its parent company, Carnival Cruise lines, on behalf of passengers who were on the Costa Concordia.  At least six passengers have filed lawsuits against the companies in Miami, but a clause in the tickets bought by the 4,200 passengers stipulates that any such lawsuits must be filed in the venue of the cruise line company’s choice. In this case, Italy.  For more information go here.