Torts Commons^™

Can An Improved Disclosure Mechanism Moderate Algorithm-Based Software Patentability In The Public Interest?, Vinicius Sala

Cybaris®

No abstract provided.

Chasing The Fruits Of Misery: Confronting The Historical Relationships Between Opioid Revenues, Offshore Financial Centers, And International Regulatory Networks, Stephen C. Wilks

Northwestern Journal of International Law & Business

As the opioid crisis continues to claim lives throughout the U.S., tort litigants have faced challenges pursuing Purdue Pharma – one of the drug makers responsible for aggressively promoting OxyContin while downplaying the drug’s addictive effects. Much of this litigation posture sought to recover billions in public health costs incurred responding to the crisis at federal, state and local levels. As the plaintiff class grew, Purdue Pharma petitioned for bankruptcy protection, at which point auditors discovered the entity’s beneficial owners had caused it to wire billions in opioid profits into offshore accounts – placing them beyond the reach of litigants. …

When Food Is A Weapon: Parental Liability For Food Allergy Bullying, D'Andra Millsap Shu

Marquette Law Review

Food allergies in children are rising at an alarming pace. Increasingly, these children face an added threat: bullies targeting them because of their allergies. This bullying can take a life-threatening turn when the bully exposes the victim to the allergen. This Article is the first major legal analysis of food allergy bullying. It explores the legal system’s failure to adequately address the problem of food allergy bullying and makes the case for focusing on the potential tort liability of the bully’s parents. Parents who become aware of their child’s bullying behavior and fail to take adequate steps to stop it …

Raising The Stakes: The Battle Between The First Amendment And Athlete's Publicity Rights In The Wake Of Murphy V. Ncaa, Alexis Nicole Lilly

American University Business Law Review

No abstract provided.

Rosen V. Tarkanian, 135 Nev. Adv. Op. 15 (December 12, 2019), Andrew Brown

Nevada Supreme Court Summaries

This issue was whether several of Jacky Rosen’s statements about Danny Tarkanian made during her political campaign constituted defamation. The Court determined that Rosen’s political statements were made in good faith and, therefore, the case was reversed and remanded with instructions for the district court to grant the special motion to dismiss.

A Scholarly Life In Vistas: Marshall Shapo's Products Liability, Mary J. Davis

Law Faculty Scholarly Articles

To read and reread Professor Marshall Shapo’s products liability scholarship is to learn the important lesson of how to build a body of work that continually sees the same landscape from fresh vistas. Like watching the same landscape from different angles, during different seasons, and over several years, Professor Shapo’s vistas provide us with a remarkably vivid view of the products liability landscape over the past fifty years and beyond. In doing so, he has constructed a vision of the richness and promise of products liability law while continually reminding us to be aware of the vista from which we …

Public Official, Figures, And Controversies In Minnesota Defamation Law, Michael K. Steenson

Faculty Scholarship

In Minnesota, the plaintiff in a common law defamation claim is entitled to recover presumed damages in libel and slander per se cases. Those rules change when the First Amendment is injected into defamation cases when the plaintiff is a public official or figure or is a private person involved in a public controversy. A plaintiff who is a public official or figure must prove not only the elements of the common law defamation claim, but also that the defamatory communication was a false statement of fact and prove by clear and convincing evidence that it was made with actual …

Lost & Found: New Harvest, Owen Gottlieb, Ian Schreiber

Presentations and other scholarship

Lost & Found is a strategy card-to-mobile game series that teaches medieval religious legal systems with attention to period accuracy and cultural and historical context.

Set in Fustat (Old Cairo) in the 12th century, a great crossroads of Islam, Judaism, and Christianity. The Lost & Found games project seeks to expand the discourse around religious legal systems, to enrich public conversations in a variety of communities, and to promote greater understanding of the religious traditions that build the fabric of the United States. Comparative religious literacy can build bridges between and within communities and prepare learners to be responsible citizens …

Pre-Game Strategy For Long-Term Win: Using Trademark Registration And Right Of Publicity To Protect Esports Gamers, John Bat

Catholic University Journal of Law and Technology

The soaring popularity of esports across the globe has turned ultra-talented gamers into a blend of athlete and entertainer. The youthful esports ecosystem is exploding in growth, and the world is taking notice. But are the gamers who are eyeing professional play taking basic legal steps to develop and shield their brands, as well as bolster their collective negotiating leverage with teams, leagues, and miscellaneous entities? This note explores what features of an up-and-coming esports gamer might be worth protecting through a trademark and/or personality-rights schema, which in turn, could assist competitive gamers who are interested in developing their careers …

An Empirical Evaluation Of Proposed Civil Rules For Multidistrict Litigation, Margaret S. Williams, Jason A. Cantone

Georgia Law Review

The Civil Rules Committee of the Judicial Conference of the
United States recently began considering the need for specific
rules regarding multidistrict litigation (MDL) proceedings. The
possibility of creating rules specifically for MDL originates with
recently proposed legislation prompted by groups typically tied
to the defense bar. One area the Civil Rules Committee is
considering concerns the use of fact sheets in MDL proceedings.
These party-negotiated questionnaires—directed at both
parties to the case—inform judges and attorneys about the
scope of the proceeding. Understanding whether these case
management tools are currently being used and how they work
with other tools, such …

Whistleblowing In The Compliance Era, Jeffrey R. Boles, Leora Eisenstadt, Jennifer M. Pacella

Georgia Law Review

International events over the last year have propelled the
importance of whistleblowers to the forefront. It is increasingly
evident that whistleblowers provide immense value to society.
Yet, for years, whistleblowers have been victims of retaliation,
commonly experiencing threats, discrimination, and
employment termination due to their reporting. Against the
backdrop of a society heavily defined by compliance-focused
initiatives—where organizations and industries construct
robust compliance programs, internal policies, and codes of
conduct—this Article highlights a significant gap in legal
protections for would-be whistleblowers. While compliance
initiatives demonstrate that active self-regulation is
increasingly a staple of organizational governance, this Article
pinpoints the problems …

The Future Of Opioid Litigation, Richard C. Ausness

Law Faculty Popular Media

The use of opioids to treat a variety of common medical conditions began in the late 1990s. Unfortunately, opioid abuse has become a serious problem in many areas of the country. Beginning around 2000, individual opioid users began to bring personal injury lawsuits against pharmaceutical companies. State and local governments also sued during this period, but they usually settled for modest amounts. At this point no one knows how the current opioid litigation will end.

Troll Storms And Tort Liability For Speech Urging Action By Others: A First Amendment Analysis And An Initial Step Toward A Federal Rule, Clay Calvert

UF Law Faculty Publications

This Commentary examines when, consistent with First Amendment principles of free expression, speakers can be held tortiously responsible for the actions of others with whom they have no contractual or employer-employee relationship. It argues that recent lawsuits against Daily Stormer publisher Andrew Anglin for sparking “troll storms” provide a timely analytical springboard into the issue of vicarious tort liability. Furthermore, such liability is particularly problematic when a speaker’s message urging action does not fall into an unprotected category of expression, such as incitement or true threats, and thus, were it not for tort law, would be fully protected. In examining …

Slicing Defamation, Yonathan Arbel

Articles

No abstract provided.

Private Law Remedies And Public Law Standards: An Awkward Statutory Intrusion Into Tort Liability Of Public Authorities, Margaret Allars

FIU Law Review

No abstract provided.

The Conscience Defense To Malpractice, Nadia N. Sawicki

Faculty Publications & Other Works

This Article presents the first empirical study of state conscience laws that establish explicit procedural protections for medical providers who refuse to participate in providing reproductive health services, including abortion, sterilization, contraception, and emergency contraception.

Scholarship and public debate about law's role in protecting health care providers' conscience rights typically focus on who should be protected, what actions should be protected, and whether there should be any limitations on the exercise of conscience rights. This study, conducted in accordance with best methodological practices from the social sciences for policy surveillance and legal mapping, is the first to provide concrete data …

Ai Entities As Ai Agents: Artificial Intelligence Liability And The Ai Respondeat Superior Analogy, Anat Lior

Mitchell Hamline Law Review

No abstract provided.

Torts: Just Walk Away: How An Overbroad Foreseeability Of Harm Standard Could Kill “Curbside Consultations” — Warren V. Dinter, 926 N.W.2d 370 (Minn. 2019), Erika Miller

Mitchell Hamline Law Review

No abstract provided.

Retrievable Images On Social Media Platforms: A Call For A New Privacy Tort, Zahra Takhshid

Buffalo Law Review

No abstract provided.

The Chilling Effect Claims In ‘Zeran V. Aol’, Jonathon W. Penney

Articles & Book Chapters

No abstract provided.