From Penny Pinchers v. Outlaw (Miss. Ct. App. 2011): Cindy Scott was the manager of Penny Pinchers, a discount grocery store located in West Point, Mississippi. She was also the owner of a four-month-old daschund puppy named Sophie, which weighed four pounds and one ounce. Scott took Sophie to work with her every day. She […]
Archive | Torts
Federalism and Tort Reform
By Orin Kerr on February 13, 2011 7:43 pm in Commerce Clause, Federalism, Torts, Voting With Your Feet
Cornell lawprof William Jacobson detects a potential contradiction in Republican politicians’ view on constitutional federalism [HT: Steve Bainbridge]. Many of them claim that the Obamacare individual mandate falls outside of Congress’ power, but simultaneously support federally mandated tort reform that would override state tort law: If we are against the federal government forcing us to […]
Per Se Negligence, the Police, and Illegal Immigration
From Bologna v. City & County of San Francisco (Cal. Ct. App. Jan. 31, 2011): This case arises from the tragic and senseless killings of Anthony Bologna and his sons Michael and Matthew, who were stopped in traffic in San Francisco when Edwin Ramos, an illegal immigrant, allegedly shot and killed them…. The narrow question […]
Blog Commenter Sues Volokh Conspiracy for Making Him “Psychologically Dependent and Addicted” to Commenting
OK, not really (we’re not that good). But a player of the online role playing game Lineage II has brought such a suit against the game’s designers — and a federal court has denied a motion to dismiss, allowing the claim to go forward. For details, see the opinion, Smallwood v. NCSoft Corp. or the […]
Getting to Causation in Toxic Tort Cases
I’ve posted this article, published in the Brooklyn Law Review, on SSRN. It’s intended to be a more or less practical guide for judges and attorneys to causation issues in toxic tort cases, not a philosophic treatise (not that there’s anything wrong with that!). Here’s the abstract: Since the issue first arose in earnest in […]
Product Liability Lawsuit Against Louisville Slugger, Because It’s Designed to Allow Hit Balls to Go Very Fast
The case is apparently going to trial in Helena, Montana: Brandon Patch, 18, was pitching to a Helena Senators hitter, who was using an aluminum Louisville Slugger bat, when he was struck in the temple by the ball on July 25, 2003. Patch died at a hospital about four hours later. Debbie Patch’s attorneys argue […]