The current Brooklyn Law Review contains this article by Ken Ross and J. David Prince provides an overview of the post-sale duty sections of the Restatement (Third) of Torts: Products Liability. The article provides an overview of the Restatement (Third)’s post-sale duty sections. In addition, it discusses relevant case law…
Last fall I wrote about the new standard for pleading in federal court announced in Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007). Now, a new article by Andrée Sophia Blumstein appearing in the July 2008 edition of the Tennessee Bar Journal studies Twombly in more detail and…
Maxwell Kennerly’s Litigation and Trial blog is a must-read for lawyers who practice civil litigation of almost any type. His posts are timely, thoughtful, and relevant. Take this post, "’How Other Countries Judge [Medical] Malpractice,’" By A Law Professor Who Doesn’t Know Medical Malpractice Law", in which Maxwell appropriately blasts an…
Technical glitches added a couple days to the process, but Rob and the folks at LexBlog completed the transition to the new format yesterday. I hope you enjoy it.
My article on the new medical malpractice notice and certificate of good faith legislation (which goes into effect today, July 1) made the cover of the July edition of the Tennessee Bar Journal. Here is the article. Anyone who practices in the field of medical negligence needs to become familiar…
The New York Times reports that General Motors wil not be let off the hook for future products liability claims when it emerges from bankruptcy.
The United States Court of Appeals for the Tenth Circuit has reversed a $2.4 million jury verdict for the plaintiff because of misconduct by plaintiff’s counsel during closing argument. In the words of the Court: "We are compelled to reverse and remand for a new trial because of pervasive and…
Nowhere. Nowhere different, anyway. But I have not been blogging because, as you can see, the look of my blog has been changed with the assistance of the great folks at Lexblog. The transfer of information and the final set-up on the blog takes a couple days, meaning that I could…
Sometimes a lawyer representing a patient in a medical malpractice trial may want to introduce evidence of "bad acts" of a health care provider or a provider’s expert witness. This article from the Medical Malpractice Newsletter published by the Hinshaw & Culbertson tells us how the defense is going to…
A report from Safety Research & Strategies called "Public Safety at Risk: Bankruptcies Leave Legacy of Defects, Injuries and Deaths" projects what will happen now that there will be 30 million GM and 10 million Chrysler products still on the road after bankruptcy agreements cancel the ability for accident victims to seek compensation…