Friday, April 29, 2016

Missouri getting ready to abolish collateral source rule

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Bad news for victims in Missouri.  TortsProf blog is reporting that the Missouri House passed a bill abolishing the collateral source rule. ...

Arkansans to vote on possible med mal reform: limits to punitive damages and limits on fees

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TortsProf blog is reporting that the Arkansas' attorney general recently approved the wording of a proposed ballot item to amend the c...

Colorado Supreme Court has held that attorneys do not owe any duties to non-clients

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The Colorado Supreme Court held attorneys owe no duties to non-clients, such as the beneficiaries of a will, absent allegations of fraud, a...
Wednesday, April 27, 2016

Utah Supreme Court Holds Children Under the Age of Five Cannot Be Liable for Negligence

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The Utah Supreme Court recently adopted a bright-line cutoff for liability for negligent children, setting the limit at 5 years old.  The ...
Sunday, April 3, 2016

Article on Prosser's letters

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Back in 2009, I posted a link to an article by Professor Chris Robinette (Widener) on the "Prosser Notebook" - a notebook of one o...
Monday, March 28, 2016

Federal Medical Malpratice "Reform" bill is, as of now, off the agenda

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The federal med mal bill being considered by the House Judiciary Committee was (at least temporarily) derailed, surprisingly, because of the...
Friday, March 18, 2016

Indiana Product Liability Act's Statute of Repose Found Unconstitutional For Asbestos Cases

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Go here for the full story.

West Virginia Legislatively Recognizes the Learned Intermediary Doctrine as a Product-Liability Defense

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On February 26, West Virginia became the 38th state to adopt the learned intermediary doctrine when Governor Earl Ray Tomblin signed SB 15 ...
Thursday, March 10, 2016

Indiana House Judiciary Committee approves increase to med mal damages cap -- UPDATED: Legislature approves cap increase, with one important change

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Good news for victims of medical malpractice in Indiana....  The House Judiciary Committee, 11-1, approved a $400,000 increase in the med m...
Wednesday, March 9, 2016

Play Ball! Some thoughts on torts and baseball

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Baseball fans are eagerly awaiting the beginning of a new season.  But, with a new season, we also get the renewed debate regarding sa...