Sunday, January 27, 2013

Study: Alabama Supreme Court wrote opinions in favor of defendants 72% of the time

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A new study discussed in an article in the Huntsville Times (via How Appealing) reveals that over the last 10 years, t he written opinions...
Saturday, January 26, 2013

West Virginia Supreme Court affirms constitutionality of legislation banning pit bulls

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Last August, the American Bar Association approved a resolution urging legislative bodies and governmental agencies looking to adopt ...

Hunter is awarded $4 million in hunting accident

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In a story that combines elements of the old classic case Summers v. Tice and the current debate on gun control, Injured is reporting that...

Comments on the effect of "tort reform" legislation in Texas

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Tort reformers always say their goal is to eliminate frivolous lawsuits. Yet, as I have often argued, another goal is to make it much more d...

Colorado Supreme Court may be the next to decide whether to recognize a claim for the wrongful death of a fetus

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As you may remember, about a year ago, the Alabama Supreme Court decided in a case called Hamilton v. Scott that a parent may bring a wrong...

Linda Riss, of Riss v. New York fame, died this week at the age of 75

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As you may remember from your days as a first semester Torts student, the famous case Riss v New York tells the story of how Burton Pugach ...
Monday, January 21, 2013

US Supreme Court to decide case on sovereign immunity for battery claims by medical personnel

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Last week, the US Supreme Court heard oral arguments in Levin v. United States , in which the court has been asked to decide whether a civi...
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Sunday, January 20, 2013

Alabama Supreme Court holds generic drug user can sue brand name manufacturer

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In June 2011, the U.S. Supreme Court held in Pliva v. Mensing that injured patients' state-law failure-to-warn claims against generic-dr...
Saturday, January 19, 2013

New lawsuit alleges "energy drink" delivers no more energy than coffee

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At a time when there is an on-going debate as to whether so called "energy drinks" are dangerous products because, at least in par...

Provision in NY gun law seeks to expand duty created by Tarasoff

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As reported in the Wall street Journal law blog, a provision in New York state's new gun-control law that requires mental-health profes...