Toxic Torts. Legal news and articles for January 30 - 31, 2012

Of New Preps and CasebooksMcDonnell: No gas tax during recessionIRS Issues New Rules For Tax-Free Legal SettlementsRottenstein Law Group Acknowledges Report Claiming Bone Density Retesting Can ...Book Review: 'Dark Tort'Top Ten IP Verdicts Hit $4.6 Billion in 2011, Almost Twice Previous YearPMC Sexual Violence: It's Still a ProblemCourt of Appeals Affirms Dismissal of FEMA Trailer ClaimsQuietly, US Moves to Block Lawsuits by Military FamiliesArkansas Supreme Court Strikes Down “Tort Reform” LawBig Brother Buys a GPSRottenstein Law Group Distressed by Further Manufacturing Gaffes of DePuy, as ...LeRoy High School: No Photo!Privacy poachers take big hitSPANGLER v. McQUITTY

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Missouri Chamber president presents business legislative priorities at Cape ...
Southeast MissourianJanuary 6, 2012

State chamber president Dan Mehan spoke to local business leaders at the Cape Girardeau Area Chamber of Commerce's First Friday Coffee on Friday about what lawmakers accomplished last year and what business law changes are likely to be debated this ...more »

Parker Waichman LLP Opposes US Justice Department Effort to Quash Lawsuit over ...
San Francisco Chronicle (press release)January 11, 2012

The lawsuit cites two causes of action arising under the Alien Tort Statute for violations of the international prohibitions against medical experimentation on non-consenting human subjects and against cruel, inhuman degrading treatment; and two causes ...more »

Toxic Torts. News and Stories

Of New Preps and Casebooks
Law Professor Blogs Network (blog)January 31, 2012

For the first several (roughly 5) years I was a law professor, I taught the same course package. In a prior life I was a litigator and so I taught a litigation package. We have two semesters of Torts here and I taught Torts I and Torts II.more »

McDonnell: No gas tax during recession
WTOPJanuary 31, 2012

Holding restaurants responsible for patrons who drive drunk is a "step too far" under the state tort laws, McDonnell told WTOP, adding that the drunk driver still has to make a decision to go out and drive. "We believe in individual responsbility," ...more »

IRS Issues New Rules For Tax-Free Legal Settlements
ForbesJanuary 31, 2012

Which personal injury recoveries are tax-free? For almost 80 years, Section 104 of the tax code has made many injury recoveries tax-free, whether you settle or go to court. Up until 1996, just about anything qualified, including emotional distress, ...more »

Rottenstein Law Group Acknowledges Report Claiming Bone Density Retesting Can ...
WebWire (press release)January 31, 2012

The Rottenstein Law Group is a New York-based law firm that represents clients in mass tort actions. The firm was founded by Rochelle Rottenstein, a lawyer with over two decades of experience in compassionate representation of clients in consumer ...more »

Book Review: 'Dark Tort'
Patch.comJanuary 31, 2012

Dark Tort is the 13th entry in the “Culinary Mystery Series.” The series features caterer and amateur sleuth Goldy Shultz, a superb cook and baking extraordinaire. Goldy has found a new job preparing breakfast for a local law firm.more »

Top Ten IP Verdicts Hit $4.6 Billion in 2011, Almost Twice Previous Year
BloombergJanuary 31, 2012

The verdicts follow a trend of more cases and more trials, said Elizabeth A. Rowe, a law professor. “Companies are becoming more aggressive and more willing to pursue these cases,” said Rowe, who teaches intellectual- property law at the University of ...more »

PMC Sexual Violence: It's Still a Problem
Huffington Post (blog)January 30, 2012

It details and analyzes the possibility of responding to PMC sexual violence against civilians outside of war zones under US military law, US criminal law, criminal law where the crime occurs, International Human Rights Law, International Criminal Law, ...more »

Court of Appeals Affirms Dismissal of FEMA Trailer Claims
JD Supra (press release)January 30, 2012

Plaintiffs-Appellants brought this Federal Tort Claims Act action against the United States for injuries allegedly related to their exposure to elevated levels of formaldehyde contained in the component materials of the Emergency Housing Units (“EHUs”) ...more »

Quietly, US Moves to Block Lawsuits by Military Families
The AtlanticJanuary 30, 2012

It starts with a 1946 law, the Federal Tort Claims Act (FTCA), and a 1950 Supreme Court case, Feres v. United States. The "Feres Doctrine" stands for the general proposition that the US cannot be sued for money damages under the FTCA for any injuries ...more »

Arkansas Supreme Court Strikes Down “Tort Reform” Law
JD Supra (press release)January 30, 2012

Lawyers.com Website | Blog | LexisNexis You can read the Lawyers.com News Blog at http://blogs.lawyers.com Arkansas Supreme Court Strikes Down “Tort Reform” Law January 27, 2012 By Keith Ecker Justices of the Arkansas Supreme Court The Arkansas Supreme ...more »

Big Brother Buys a GPS
Boston ReviewJanuary 30, 2012

Instead of grounding analysis of a “21st-century surveillance technique” in “18th-century tort law,” Alito relies on the framework laid out by the Court in its 1967 decision in Katz v. United States: does the government's conduct violate “reasonable ...more »

Rottenstein Law Group Distressed by Further Manufacturing Gaffes of DePuy, as ...
WebWire (press release)January 30, 2012

The Rottenstein Law Group is a New York-based law firm that represents clients in mass tort actions. The firm was founded by Rochelle Rottenstein, a lawyer with over two decades of experience in compassionate representation of clients in consumer ...more »

LeRoy High School: No Photo!
Artvoice (blog)January 30, 2012

Some of the families have retained the services of Erin Brockovich, who consults with personal injury / environmental tort law firm Weitz & Luxenburg, among others. (You may know Weitz & Luxenburg as being the firm for which Assembly Speaker Sheldon ...more »

Privacy poachers take big hit
Lawyers WeeklyJanuary 30, 2012

Justice Sharpe justified the appeal court's recognition of a new tort that helps vindicate people's reasonable expectation of privacy as an “incremental” move, reflecting “the capacity of the common law to evolve to respond to the problem posed by the ...more »

SPANGLER v. McQUITTY
Leagle.comJanuary 30, 2012

Whether, under Maryland law, a litigant can alter or change Maryland's law by contractual agreement and thereby preclude a settling tortfeasor from being classified as a "joint tortfeasor" under the Uniform Contribution Among Joint Tort-Feasors Act to ...more »

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