Tort - Paralegal Brief

Arizona’s Alternative Business Structure Program Improved Access To Justice For Tort Victims And Possibly Large Companies

Above The Law

JANUARY 29, 2025

While it was designed to improve access to justice for low-income people with legal problems, it seems to have increased access to justice for car accident or tort victims. It’s been five years since Arizona started its ABS program. Or you can connect with him on Twitter ( @stevenchung ) and connect with him on LinkedIn.

Tort

Tort Law Firms Law Firm Legal Services

SCC dispatch: Canada’s top court questions the future of legal remedies for intimate partner violence

JURIST

FEBRUARY 17, 2025

This tort law case was particularly notable for being granted leave despite no change in damages being requested by either the plaintiff or defendant. At its core, the legal question was how tort law should (or should not) address intimate partner violence (IPV), currently reaching crisis proportions in Canada.

Tort

Tort Legal Legal Court

US Supreme Court allows Medicaid programs to seek reimbursement from tort settlement payments

JURIST

JUNE 6, 2022

The Supreme Court sided with Florida’s Medicaid program by ruling that Medicaid programs can seek tort settlement payment reimbursement for an individual’s future medical care, not just past care. .” Medicaid still pays for Gallardo’s medical expenses because she is permanently disabled.

Tort

Tort Court Court Rules

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No tort liability in family business conflict.

Day on Torts

FEBRUARY 10, 2025

In a case about the demise of a family business, the Court of Appeals reversed trial court rulings for the plaintiff on tort claims of intentional interference with business relationships and conversion. In Grubb v. Grubb , No. E2023-01358-COA-R3-CV (Tenn. On appeal, the verdict for the plaintiff was reversed.

Tort

Tort Contract Court Rules Court

WHO Cancer Report May Spark Gasoline Toxic Torts

Law 360

APRIL 7, 2025

A recent report from the World Health Organization linking automobile gasoline to cancer could spawn toxic tort lawsuits similar to the costly, and sometimes losing, battles that energy companies have had to fight over exposure to gasoline components and additives.

Tort

Ga. Tort Reform Bills Now Law With Gov. Kemp's Signature

Law 360

APRIL 21, 2025

Brian Kemp put the finishing touches on the state's first civil justice overhaul in two decades Monday, signing into law a pair of Republican-backed tort reform bills designed to tamp down plaintiffs' verdicts and impose new restrictions on third-party litigation funding. Georgia Gov.

Tort

Tort Laws Litigation Litigating

US Supreme Court blocks child slavery lawsuit against Nestlé, Cargill

JURIST

JUNE 20, 2021

The US Supreme Court on Thursday reversed a ruling that allowed several individuals to sue food corporations Nestlé USA and Cargill over child slavery claims, limiting corporate liability under the Alien Tort Statute. The unnamed plaintiffs brought their cases forward under the Alien Tort Statute. In Jesner v.

Tort

Tort Statute Court Cause of Action

“Guido Calabresi Lauded at His Final Torts Class”

HowAppealing

MAY 27, 2021

“Guido Calabresi Lauded at His Final Torts Class”: Yale Law School has published this report.

Tort

Tort Law School Laws

“Will Zantac ruling make Delaware a mass torts magnet?”

HowAppealing

JUNE 3, 2024

“Will Zantac ruling make Delaware a mass torts magnet?” The post “Will Zantac ruling make Delaware a mass torts magnet?” ” Alison Frankel’s “On the Case” from Reuters has this post. ” appeared first on How Appealing.

Tort

“California’s Negligence Tort Empowers Juries, Hurts Innovation”

HowAppealing

FEBRUARY 14, 2024

“California’s Negligence Tort Empowers Juries, Hurts Innovation”: Law professor George Priest has this essay online at Bloomberg Law. The post “California’s Negligence Tort Empowers Juries, Hurts Innovation” appeared first on How Appealing.

Tort

Tort Laws

“Mass Tort Lawyers Trapped in Cycle of Debt as Cases Drag On; Mass tort firms refinance loans as they await settlements; Funders see ‘fallow period’ in big-ticket lawsuit pipeline”

HowAppealing

NOVEMBER 18, 2024

“Mass Tort Lawyers Trapped in Cycle of Debt as Cases Drag On; Mass tort firms refinance loans as they await settlements; Funders see ‘fallow period’ in big-ticket lawsuit pipeline”: Emily R. Siegel of Bloomberg Law has this report.

Tort

Tort Lawyer Lawyers Laws

“US Supreme Court’s Purdue decision narrows options for mass torts defendants”

HowAppealing

JUNE 28, 2024

“US Supreme Court’s Purdue decision narrows options for mass torts defendants”: Alison Frankel’s “On the Case” from Reuters has this post.

Tort

Wisconsin’s AG Is Launching A Huge Toxic Tort Suit

Above The Law

JULY 22, 2022

The post Wisconsin’s AG Is Launching A Huge Toxic Tort Suit appeared first on Above the Law. Has anyone else noticed that their cheese is VERY water resistant?

Tort

Tort Laws Government

“Clarence Thomas has a beef with bellwether trials in mass tort cases”

HowAppealing

NOVEMBER 22, 2023

“Clarence Thomas has a beef with bellwether trials in mass tort cases”: Alison Frankel’s “On the Case” from Reuters has this post. The post “Clarence Thomas has a beef with bellwether trials in mass tort cases” appeared first on How Appealing.

Tort

“Merck shingles vaccine appeal will test controversial mass torts case management tool”

HowAppealing

OCTOBER 18, 2023

“Merck shingles vaccine appeal will test controversial mass torts case management tool”: Alison Frankel’s “On the Case” from Reuters has this post about an appeal that I will be arguing on behalf of the plaintiffs-appellants before a three-judge panel of the U.S.

Case Management

Case Management Tort Court

“Surprise! U.S. Chamber backs 3M, argues bankruptcy is fix for mass tort ills.”

HowAppealing

DECEMBER 21, 2022

Chamber backs 3M, argues bankruptcy is fix for mass tort ills.” Chamber backs 3M, argues bankruptcy is fix for mass tort ills.” ” Alison Frankel’s “On the Case’ from Reuters has this post about an amicus brief filed Monday in the U.S. Court of Appeals for the Seventh Circuit.

Tort

Tort Court

Florida Governor Signs Tort Reform Bill Into Law

Law 360

MARCH 24, 2023

Ron DeSantis on Friday signed into law a sweeping tort reform bill that he said will decrease frivolous lawsuits, change the state from a "judicial hellhole," and attract more investment in the state. Florida Gov.

Tort

Tort Laws

“J&J Effort to Use Bankruptcy to End Talc Cancer Claims Rejected”

HowAppealing

APRIL 1, 2025

Bankruptcy Court for the Southern District of Texas at this link.

Tort

Tort Court

“Philly and the Pa. Supreme Court are top ‘judicial hellholes,’ a tort reform group says. Trial attorneys aren’t happy. ‘Whenever there is a result holding accountable a corporate wrongdoer, that jurisdiction becomes a hellhole,’ Thomas Kline said of the report by the American Tort Reform Foundation.”

HowAppealing

DECEMBER 12, 2024

Supreme Court are top judicial hellholes, a tort reform group says. ‘Whenever there is a result holding accountable a corporate wrongdoer, that jurisdiction becomes a hellhole,’ Thomas Kline said of the report by the American Tort Reform Foundation.” “Philly and the Pa. Trial attorneys arent happy.

Tort

Tort Attorney Court

“In its new ‘Hellholes’ report, tort reform group says forum shopping is real”

HowAppealing

DECEMBER 5, 2023

“In its new ‘Hellholes’ report, tort reform group says forum shopping is real”: Alison Frankel’s “On the Case” from Reuters has this post , which mentions a decision the Pa. Supreme Court issued on the day before Thanksgiving in a case in which I serve as appellate counsel for plaintiffs.

Tort

Tort Court

US Supreme Court hears oral arguments on federal Medicaid Act

JURIST

JANUARY 11, 2022

Marstiller on whether the “federal Medicaid Act provides for a state Medicaid program to recover reimbursement for Medicaid’s payment of a beneficiary’s past medical expenses by taking funds from the portion of the beneficiary’s tort recovery that compensates for future medical expenses.”

Tort

Tort Court Lawyer Lawyers

“Is 3M earplug bankruptcy the beginning of the end of mass tort MDLs?”

HowAppealing

JULY 28, 2022

“Is 3M earplug bankruptcy the beginning of the end of mass tort MDLs?” ” Alison Frankel’s “On the Case” from Reuters has this post.

Tort

Justices debate state’s right to take tort recoveries from Medicaid beneficiaries

SCOTUSBlog

JANUARY 11, 2022

Among other things, Florida’s heavy reliance on the unadorned reference to “medical expenses” implies that the state can take a tort settlement directed at medical expenses, not only if they are future medical expenses that the state has not yet paid (and might never pay), but even if they are medical expenses not covered by Medicaid.

Tort

Tort Statute Legal Legal

Will Smith Writes Every ‘Cool’ Tort Professor’s Final Exam Question At The Oscars

Above The Law

MARCH 28, 2022

The post Will Smith Writes Every ‘Cool’ Tort Professor’s Final Exam Question At The Oscars appeared first on Above the Law. I betchu Chris Rock won't do it again.

Tort

Tort Laws Entertainment

“J&J’s New Talc Tort Trial; Johnson & Johnson tries again to settle with the plaintiffs bar over mass lawsuit claims”

HowAppealing

MARCH 2, 2025

“J&Js New Talc Tort Trial; Johnson & Johnson tries again to settle with the plaintiffs bar over mass lawsuit claims”: This editorial will appear in Monday’s edition of The Wall Street Journal.

Tort

“Vein Filter Victim Calls On Pa. Justices For Tort Law Shake-Up”

HowAppealing

SEPTEMBER 29, 2021

Justices For Tort Law Shake-Up”: Matt Fair of Law360 has this report (subscription required for access) on the brief for appellant that I filed on my client’s behalf yesterday in the Supreme Court of Pennsylvania. “Vein Filter Victim Calls On Pa.

Tort

Tort Laws Court

Justices validate states’ right to take tort recoveries from Medicaid beneficiaries

SCOTUSBlog

JUNE 6, 2022

The post Justices validate states’ right to take tort recoveries from Medicaid beneficiaries appeared first on SCOTUSblog. Share The Supreme Court on Monday resolved a narrow question of statutory interpretation under the Medicaid Act and expanded the ability of states to recoup health care costs from accident victims.

Tort

Tort Statute Court

Trying To Find Love In Between IP And Torts? This T14 Law School Has You Covered

Above The Law

FEBRUARY 10, 2022

The post Trying To Find Love In Between IP And Torts? We all know Ohio is for lovers, but Massachusetts wants in on the action. This T14 Law School Has You Covered appeared first on Above the Law.

Tort

Tort Law School Laws

This Syracuse Law Professor Should Have Brushed Up On His Tort Knowledge Before The Casino Run

Above The Law

MARCH 14, 2023

The post This Syracuse Law Professor Should Have Brushed Up On His Tort Knowledge Before The Casino Run appeared first on Above the Law. You can go to a fight. You can go to a casino. Don't start fighting at the casino.

Tort

Tort Laws Law School

Supreme Court rules suit cannot proceed against plainclothes officers who mistakenly attacked Michigan man

JURIST

FEBRUARY 26, 2021

The US Supreme Court ruled Thursday that a Michigan college student is unable to proceed with a Federal Tort Claims Act (FTCA) lawsuit against two federal officers who tackled him after mistaking him for a fugitive in 2014. He also sued the officers individually under a Bivens action, claiming four violations of his Fourth Amendment rights.

Court Rules

Court Rules Tort Court Felony

OAN Loses Breach Of Contract Case Against AT&T In CA, Refiles It In DC As Tort Suit

Above The Law

FEBRUARY 9, 2023

The post OAN Loses Breach Of Contract Case Against AT&T In CA, Refiles It In DC As Tort Suit appeared first on Above the Law. Well, they already had it drafted. Don't want to waste a pleading.

Tort

Tort Contract Drafting Laws

AI Update: Sam Altman Isn’t In It For The Money, AI Companies Attempt Self-Regulation, Tort Law For AI

Above The Law

JULY 28, 2023

The post AI Update: Sam Altman Isn’t In It For The Money, AI Companies Attempt Self-Regulation, Tort Law For AI appeared first on Above the Law. This week in AI news.

Tort

Tort Laws Technology Legal

Alex Jones’s Lawyers ‘Splain To Bankruptcy Judge That Putting The Kibosh On State Tort Claims Is His Real Job

Above The Law

APRIL 26, 2022

The post Alex Jones’s Lawyers ‘Splain To Bankruptcy Judge That Putting The Kibosh On State Tort Claims Is His Real Job appeared first on Above the Law. Bold strategy, Cotton!

Tort

Tort Lawyer Lawyers Laws

“Justices Lean Toward Insurer in Asbestos Bankruptcy Dispute; Court is considering when insurers have standing in bankruptcy; Insurer questions raised in context of mass torts”

HowAppealing

MARCH 19, 2024

“Justices Lean Toward Insurer in Asbestos Bankruptcy Dispute; Court is considering when insurers have standing in bankruptcy; Insurer questions raised in context of mass torts”: Evan Ochsner of Bloomberg Law has this report.

Tort

Tort Court Laws

Johnson and Johnson bankruptcy strategy rejected in talcum powder lawsuit

JURIST

JANUARY 31, 2023

The circuit court’s decision is the first judicial rejection of the so-called “Texas two-step,” a novel and controversial legal strategy in which large corporations attempt to shield themselves from mass tort liability through bankruptcy claims. The company then bestows its assets on one and its tort liability on the other.

Tort

Tort Litigation Litigating Legal

“Purdue Pharma’s Bankruptcy Heads to the Supreme Court; A 40-year-old strategy for dealing with mass torts may end up needing a new look from Congress”

HowAppealing

AUGUST 27, 2023

“Purdue Pharma’s Bankruptcy Heads to the Supreme Court; A 40-year-old strategy for dealing with mass torts may end up needing a new look from Congress”: Law professor David Skeel will have this op-ed in Monday’s edition of The Wall Street Journal.

Tort

Tort Court Laws

“‘Totally Out of Control’ Attorney Fees in Mass Torts Dodge Appellate Review; U.S. District Judge Vince Chhabria, in a 2021 holding in the multidistrict litigation over Monsanto’s Roundup pesticide, called common benefit fees ‘totally out of control,’ sending shockwaves throughout the mass torts bar; But the Ninth Circuit, in a five-page unpublished opinion, found it lacked jurisdiction to review the order.”

HowAppealing

NOVEMBER 8, 2022

“‘Totally Out of Control’ Attorney Fees in Mass Torts Dodge Appellate Review; U.S. The post “‘Totally Out of Control’ Attorney Fees in Mass Torts Dodge Appellate Review; U.S. ” Amanda Bronstad of law.com has this report on a non-precedential ruling that the U.S.

Tort

Tort Litigation Litigating Attorney

Florida Legislature Passes Tort Reform Measure

Law 360

MARCH 23, 2023

The Florida Senate on Thursday passed a sweeping tort reform bill that changes the comparative negligence standards for jury verdicts, cuts the statute of limitations for injury cases in half, and eliminates one-way attorney fees and fee multipliers for all lines of insurance, sending the bill to Gov.

Tort

Tort Statute Attorney Laws

J&J Ch. 11 Dismissal Ignores Mass Tort Bankruptcy Principles

Law 360

MARCH 1, 2023

The Third Circuit's recent dismissal of LTL Management's Chapter 11 petition due to insufficient financial distress — even as the Johnson & Johnson subsidiary defends thousands of tort claims — runs contrary to decades of precedent in mass tort bankruptcies, says Douglas Smith at Aurelius Law.

Tort

Tort Laws

“Johnson & Johnson Wins Over Longtime Holdout for Talc Settlement; Tort lawyer Allen Smith now backs J&J’s settlement plan after the company raised its offer to roughly $9 billion”

HowAppealing

SEPTEMBER 4, 2024

“Johnson & Johnson Wins Over Longtime Holdout for Talc Settlement; Tort lawyer Allen Smith now backs J&J’s settlement plan after the company raised its offer to roughly $9 billion”: Alexander Gladstone of The Wall Street Journal has this report. billion to proposed talc settlement.”

Tort

Tort Lawyer Lawyers

“Ohio Supreme Court asked to overturn tort reform law that lowered Brook Park child rapist’s judgment from $20 million to $250,000”

HowAppealing

MARCH 31, 2022

“Ohio Supreme Court asked to overturn tort reform law that lowered Brook Park child rapist’s judgment from $20 million to $250,000”: Laura Hancock of The Cleveland Plain Dealer has this report. The Supreme Court of Ohio has posted online the video of yesterday’s oral argument at this link. Attorney Robert S.

Tort

Tort Court Laws Attorney

“Justice Thomas lambasts writ denial of paralyzed Air National Guard member’s tort claims; The George H.W. Bush appointee said service members should be afforded the same chance at relief for government negligence as civilians”

HowAppealing

FEBRUARY 24, 2025

“Justice Thomas lambasts writ denial of paralyzed Air National Guard members tort claims; The George H.W. Bush appointee said service members should be afforded the same chance at relief for government negligence as civilians”: Joe Dodson of Courthouse News Service has this report.

Tort

Tort Government

“J&J Allies With Mass-Tort Specialists to Seal $8 Billion Talc Settlement; Votes from the weakest talc claims against Johnson & Johnson could help the company end mass cancer lawsuits in bankruptcy court”

HowAppealing

JULY 24, 2024

“J&J Allies With Mass-Tort Specialists to Seal $8 Billion Talc Settlement; Votes from the weakest talc claims against Johnson & Johnson could help the company end mass cancer lawsuits in bankruptcy court”: Andrew Scurria, Erin Mulvaney, and Alexander Gladstone of The Wall Street Journal have this report.

Tort

Tort Court

Second Circuit rules that federal inmate’s failure to comply with Connecticut’s certificate of merit requirement in dental malpractice suit under Federal Tort Claims Act does not require dismissal

HowAppealing

AUGUST 25, 2021

Second Circuit rules that federal inmate’s failure to comply with Connecticut’s certificate of merit requirement in dental malpractice suit under Federal Tort Claims Act does not require dismissal: You can access today’s ruling of the U.S. Court of Appeals for the Second Circuit at this link.

Tort

Tort Court

Arizona’s Alternative Business Structure Program Improved Access To Justice For Tort Victims And Possibly Large Companies

SCC dispatch: Canada’s top court questions the future of legal remedies for intimate partner violence

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US Supreme Court allows Medicaid programs to seek reimbursement from tort settlement payments

Webinars

No tort liability in family business conflict.

WHO Cancer Report May Spark Gasoline Toxic Torts

Ga. Tort Reform Bills Now Law With Gov. Kemp's Signature

US Supreme Court blocks child slavery lawsuit against Nestlé, Cargill

“Guido Calabresi Lauded at His Final Torts Class”

“Will Zantac ruling make Delaware a mass torts magnet?”

“California’s Negligence Tort Empowers Juries, Hurts Innovation”

“Mass Tort Lawyers Trapped in Cycle of Debt as Cases Drag On; Mass tort firms refinance loans as they await settlements; Funders see ‘fallow period’ in big-ticket lawsuit pipeline”

“US Supreme Court’s Purdue decision narrows options for mass torts defendants”

Wisconsin’s AG Is Launching A Huge Toxic Tort Suit

“Clarence Thomas has a beef with bellwether trials in mass tort cases”

“Merck shingles vaccine appeal will test controversial mass torts case management tool”

“Surprise! U.S. Chamber backs 3M, argues bankruptcy is fix for mass tort ills.”

Florida Governor Signs Tort Reform Bill Into Law

“J&J Effort to Use Bankruptcy to End Talc Cancer Claims Rejected”

“In its new ‘Hellholes’ report, tort reform group says forum shopping is real”

US Supreme Court hears oral arguments on federal Medicaid Act

“Is 3M earplug bankruptcy the beginning of the end of mass tort MDLs?”

Justices debate state’s right to take tort recoveries from Medicaid beneficiaries

Will Smith Writes Every ‘Cool’ Tort Professor’s Final Exam Question At The Oscars

“J&J’s New Talc Tort Trial; Johnson & Johnson tries again to settle with the plaintiffs bar over mass lawsuit claims”

“Vein Filter Victim Calls On Pa. Justices For Tort Law Shake-Up”

Justices validate states’ right to take tort recoveries from Medicaid beneficiaries

Trying To Find Love In Between IP And Torts? This T14 Law School Has You Covered

This Syracuse Law Professor Should Have Brushed Up On His Tort Knowledge Before The Casino Run

Supreme Court rules suit cannot proceed against plainclothes officers who mistakenly attacked Michigan man

OAN Loses Breach Of Contract Case Against AT&T In CA, Refiles It In DC As Tort Suit

AI Update: Sam Altman Isn’t In It For The Money, AI Companies Attempt Self-Regulation, Tort Law For AI

Alex Jones’s Lawyers ‘Splain To Bankruptcy Judge That Putting The Kibosh On State Tort Claims Is His Real Job

“Justices Lean Toward Insurer in Asbestos Bankruptcy Dispute; Court is considering when insurers have standing in bankruptcy; Insurer questions raised in context of mass torts”

Johnson and Johnson bankruptcy strategy rejected in talcum powder lawsuit

“Purdue Pharma’s Bankruptcy Heads to the Supreme Court; A 40-year-old strategy for dealing with mass torts may end up needing a new look from Congress”

Florida Legislature Passes Tort Reform Measure

J&J Ch. 11 Dismissal Ignores Mass Tort Bankruptcy Principles

“Johnson & Johnson Wins Over Longtime Holdout for Talc Settlement; Tort lawyer Allen Smith now backs J&J’s settlement plan after the company raised its offer to roughly $9 billion”

“Ohio Supreme Court asked to overturn tort reform law that lowered Brook Park child rapist’s judgment from $20 million to $250,000”

“Justice Thomas lambasts writ denial of paralyzed Air National Guard member’s tort claims; The George H.W. Bush appointee said service members should be afforded the same chance at relief for government negligence as civilians”

“J&J Allies With Mass-Tort Specialists to Seal $8 Billion Talc Settlement; Votes from the weakest talc claims against Johnson & Johnson could help the company end mass cancer lawsuits in bankruptcy court”

Second Circuit rules that federal inmate’s failure to comply with Connecticut’s certificate of merit requirement in dental malpractice suit under Federal Tort Claims Act does not require dismissal

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