Day on Torts

Not a bad deal ….

Can a community college be sued when a pitcher on its baseball team intentionally hits an opposing player in the head with a baseball? Sure. Can the school be held liable? No, not according to the California Supreme Court. Avila was beaned with a baseball during a game. He believed…

Mr. Wallace was 15 years old when he was charged with murder. He served eight years in prison before an appellate court determined that he was arrested without probably cause and that his confession was tainted by the illegal arrest. He sued, but the 7th Circuit Court of Appeals held…

ATLA CEO Jon Haber’s Statement in Response to Bush’s Attacks Today on the Civil Justice System (Washington, DC)-ATLA CEO Jon Haber issued the following statement in response to Bush’s attacks today on the civil justice system: “It would take the President less than a minute to discover the number of…

Here is probably the best article I have read about the status of Vioxx litigation after the New Jersey verdicts.

Lynn Swann, Republican candidate for Governor of Pennsylvania, has called for tort reform. Read more here. Yet another reason for me to dislike the Steelers (except the Bus – I think the Bus is fantastic.) Thanks to Torts Prof Blog for bringing this article to my attention.

Mr. Kasey shared his Oxycontin with another, who gave it to her boyfriend (at the same party) who it turn consumed the drug with alcohol. The recepient/user died in his sleep from the combination of the drugs. His mother sued Kasey. Kasey defended by arguing that he did not owe…

Here is another decision that makes it reversible error to show photos of vehicles involved in a wreck, point out minor property damage, and then argue that the plaintiff could not have been injured. The New Jersey Appellate Division said this: “Given the narrow field of dispute, the photographs served…

The jury has punitive damages under consideration. Read more here.

This doctor got hit for an excess verdict in a medical malpractice case. He assigned the patient his bad faith claim against his insurer, alleging that it refused to settle the case within the policy limits and assigned him a lawyer with a conflict. The patient won compensatory and punitive…