Personal Injury Roundup No. 19 (12/19/08)

Note: There will be no roundup for the next two weeks.  We’ll return with the roundups on January 9.  Posting will otherwise continue, though perhaps sporadically, over the break.

Last week, Chris wrote from amidst Blue Books.  This week, I’m in the same situation…

Reform, Legislation, Policy

• ATRA releases its annual (and trademarked!) Judicial Hellhole report [ATRA.org, Overlawyered (with other links)].
• Eric Turkewitz is underwhelmed [NY PI Lawyer Blog].
• So is Ron Miller [Maryland Injury Attorney Blog].
• Manhattan Institute’s Trial Lawyers Inc. looks at Louisiana [Trial Lawyers Inc.].
• Amusement parks keep opening coasters in California despite asserted end due to application of common carrier status [TortsProf].
• Ongoing discussion of possible required disclosures of tort liability in securities filings [ABA Journal, Drug & Device Law Blog].
• New Manhattan Institute paper pro-loser-pays [Manhattan Institute].

New Lawsuits

• Brawl — literally — over class action [NoLa.com].
• Strange things afoot at the IHOP: suit against NFL players for fight in pancake place’s parking lot [Deadspin].
• …and a domestic violence tort suit against a Padres outfielder [SignOnSanDiego, Deadspin].
• Overserving allegedly caused husband to beat wife [Chicago Tribune].

Trials, Settlements & Other Ends

• Exam-like facts: University of Vermont settled a lawsuit for wrongful death brought by widow of man killed in car crash with driver who fell asleep; driver had been (allegedly negligently) allowed to drive home after receiving clinical trial drugs [Burlington Free Press].
• Tennessee excessive force tort suit settled; same cop had earlier suit settled in different Tennessee town [MSNBC].
• Dennis Quaid & wife settle suit against hospital over kids’ overdose [Injury Board].
• Makers of Airborne settle deceptive advertising suit [MSNBC].

Appeals

• New York cigarette suit rejected by Court of Appeals [Legal News Line].
• Supreme Court rejects preemption on “light” cigarette claims [Supreme Court, Tort Deform].
• NYT on that case [NY Times].
• California Supreme Court reads Good Samaritan protection narrowly [Law.com].

Miscellaneous

• Feel free to become a Facebook fan of The Tippling Badger, a fictional bar that was featured in my Torts exam this semester.

Thanks to Ron Miller for tips.

Happy holidays, everyone!

–BC