Thursday, December 31, 2020

Federal court rules that parents of a third grader who committed suicide have a cause of action against school board and school principal

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 In a case that has a number of interesting implications the Court of Appeals for the Sixth Circuit has affirmed the denial of a motion to d...
Saturday, November 21, 2020

Louisiana Supreme Court holds that plaintiffs do not need to show that they would have been able to collect the judgment in the "case within the case" to support malpractice claim

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As you know, when a plaintiff sues a lawyer for malpractice in a litigation matter alleging that the defendant's representation caused t...
Sunday, November 15, 2020

Article on a way to argue cases to avoid qualified immunity issues

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I just read an interesting article on an alternative way to argue cases seeking compensation against the government.  The article begins,  ...
Monday, October 26, 2020

Torts and time travel

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Ever wonder how the notion of time travel, and the concepts of proximate cause and the (no) duty to help relate to each other?  Here is the ...
Sunday, October 4, 2020

Cause of action for second hand Covid?

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Back in 2016, there were a number of multi-million dollar verdicts in cases involving second hand exposure to asbestos that addressed the is...
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...