On February 10, in Tumbler Ridge, British Columbia, Canada, an eighteen-year-old shooter killed eight victims in a school, mostly children, before killing herself. Attorneys for the victims have filed wrongful death claims against Open AI in California. Open AI flagged
Latest from TortsProf Blog - Page 2
Abraham on Particularity and Generality in Torts and Regulation
Ken Abraham has posted to SSRN Particularity and Generality in Torts and Regulation. The abstract provides:
This Essay, written in honor of Professor Michael D. Green, explores an aspect of the relation between tort law and regulation: the varying
Festschrift for Ken Abraham
The Insurance Law Center at UConn Law is pleased to invite you to a symposium honoring Kenneth S. Abraham, David and Mary Harrison Distinguished Professor of Law at the University of Virginia, for his extraordinary contributions to the fields of
Carnival Liable to Over-Served Guest
In January 2024, a California woman aboard a Carnival cruise ship was served 14 shots of tequila. In her inebriated state, she fell and suffered a concussion, headaches, and a possible traumatic brain injury. A Miami federal jury found Carnival
JOTWELL Torts: Sebok on Burch on The Pain Brokers
At JOTWELL, Tony Sebok reviews Elizabeth Chamblee Burch’s The Pain Brokers.
See also, the virtual symposium at Prawfsblawg run by Howard Wasserman.
Roundup Update
The AP has a nice piece on the current status of Roundup cases. The weedkiller Roundup debuted as a Monsanto product in 1974, with glyphosate as its active ingredient. Bayer acquired Monsanto in 2018, and with it came increasing lawsuits
GA: Medical Provider has a Duty to Protect Personal Information from Data Breach
Bland v. Urology of Greater Atlanta, LLC, 921 S.E.2d 779, 785 (Ga. App. 2025) (citing Ramirez v. Paradies Shops, LLC, 69 F.4th 1213 (11th Cir. 2023), in the context of a data breach against a medical provider; “plaintiffs sufficiently allege
NE & OK Apply the PREP Act
Ramaekers v. Creighton Univ., 320 Neb. 478, 496, 28 N.W.3d 57, 71 (2025) (holding that students’ negligence claims challenging the university’s COVID-19 vaccine mandate were preempted by the PREP Act; “Administering a vaccine intended to help prevent or slow the
11th Cir: TSA Officers Potentially Liable Under FTCA
TSA employees are a hot topic due to the DHS shutdown. Recently, the Eleventh Circuit weighed in on a separate TSA issue, joining mulitple federal circuits in holding that TSA officers are potentially liable for intentional torts. Koletas v. United
Zipursky on Public Nuisance and Opioids
Ben Zipursky has posted to SSRN Pragmatic Conceptualism, Public Nuisance, and the American Opioid Litigation. The abstract provides:
Public nuisance as a part of American tort law has been as high profile in the first decades of this century