Personal Injury Roundup No. 18 (12/12/08)

As I sit amid the bluebooks, here’s what’s new in torts…

Reform, Legislation, Policy

• New Trucking Regulations Aim to Increase Safety (Day on Torts)
• Is CAFA Unconstitutional in Some Applications?  Mark Moller (DePaul) says yes  (Wolfman/Consumer Law & Policy Blog, Solum/Legal Theory Blog, Olson/Point of Law)
• Failure to Clearly Define “Serious Injury” Blamed for Problems in NY’s No-Fault Law (Turkewitz)
• Arizona Legislator to Re-introduce Bill to Raise the Burden of Proof for Negligence in Emergency Rooms (AZCentral.com)  (I commented on this bill in a post last year)

New Lawsuits

• Woman Falls on Uneven Sidewalk, Sues Nez Perce County in Idaho (Lewiston Tribune)
• A Los Angeles Federal Judge Ruled that Offering Safer Replacements After a Recall Does Not Shield Retailers from a Class Action (San Francisco Chronicle via Tort Deform)

Trials, Settlements & Other Ends

• NYPD Tort Settlements (WNYC)
• Austin settles police shooting lawsuit for $1 million (Statesman)

Appeals

• Dunkin’ Donuts Owner Argues that Online Forum Host Must Reveal Identities of Those Posting Allegedly Defamatory Remarks about His Restaurant (Olson/Overlawyered)
• Illinois Supreme Court Excludes Settling Defendants From Jury’s Allocation of Responsibility When Case Goes to Trial Against Remaining Defendants (Opinion [pdf])
• Maryland Decides Snow and Ice Slip and Fall Case Based on Assumption of Risk; Extensive Coverage from Ron Miller at The Maryland Injury Lawyer Blog

Miscellaneous

• Stier on Freedom and Menthol Cigarettes (Mass Tort Lit Blog)
• New Hampshire Suspends Jury Trials and Leaves Judgeships Vacant (ABA Journal, Turkewitz)
• Products Liability Prof has a helpful post entitled “Recent Developments in Safety Law For Foreign-Sourced Products”

Thanks to Bill and Mark Weber for material this week.

–CJR