Saturday, September 12, 2020

Third Circuit issues opinion on whether prosecutor can be sued for conduct that resulted in wrongful conviction

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Prosecutors are usually protected from possible civil liability because they can claim immunity.  However, immunity only applies to their co...
Saturday, August 15, 2020

Recent law review article compares cost-benefit analysis and consumer expectation as the tests for determining design defects

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In his article An Essay on the Quieting of Products Liability Law , 105 Cornell Law Review 101 (2020), Aaron D Twerski, one of the reporters...

California appellate court finds that Amazon can be sued for products liability

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In an important new decision, a California state appellate court recently held that Amazon is subject to product liability claims for defect...

USA Today publishes op-ed on why blanket COVID-19 liability immunity is not a good idea.

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USA Today publishes Op-Ed on why blanket COVID-19 liability immunity is not a good idea. You can read the article here .
Wednesday, August 5, 2020

More on the issue of whether businesses and other institutions should be immune for liability related to Covid-19

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During the past few weeks there has been a lot of discussion on whether it would be a good idea to grant immunity or to make it more difficu...
Sunday, July 12, 2020

Louisiana approves tort reform bill -- UPDATED

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About two weeks ago, the Louisiana legislature passed a tort reform bill that the Governor said he would sign, (after he had vetoed an earli...

Missouri holds that public defenders are immune for discretionary functions

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In a case called Laughlin v. Perry, decided on June 30, 2020, the Missouri Supreme Court found that public defenders are immune for legal ma...
Thursday, July 2, 2020

Liability waivers in the age of the novel coronavirus

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The ABA Journal has published a short article on issues related to the use of liability waivers in the age of the novel coronavirus.  You ca...
Sunday, June 28, 2020

Wisconsin reaffirms that criminal defendants must show actual innocence to support malpractice claim against former defense counsel

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Long time readers of this blog may remember that I have posted many stories commenting on the fact that many (probably most) jurisdictions r...
Wednesday, June 10, 2020

New article refutes arguments regarding "defensive medicine"

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In a new article entitled The Paradoxes of Defensive Medicine, authors Michael Saks & Stephan Landsman review the evidence behind the be...