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TortsProf Blog
Editor: Christopher J. Robinette
The TortsProf Blog, published by the Law Professor Blogs Network, focuses on developments and scholarly discussions in tort law and compensation systems. It covers topics such as liability doctrines, private nuisance, structural defects in legal frameworks, and emerging issues like civil liability related to artificial intelligence and deepfakes. The blog also highlights academic conferences and awards in the field, providing insights into both theoretical and practical aspects of tort law. It serves as a platform for law professors and legal scholars to analyze and debate current trends, case law, and policy implications within torts and related areas.
Latest from TortsProf Blog - Page 3
Jurors Struggling to Reach a Verdict in Social Media Case
Social media companies have been accused of employing addictive habits, leading to mental health issues, in a landmark trial in Los Angeles. The case went to the jury on March 13, but there is still no verdict. The jury indicated…
UT: Supreme Court on the Learned Intermediary Rule and Pharmacists
Jensen v. Walgreen Co., 2025 UT 41, ¶43, 597 P.3d 305, 315 (2025) (“In negligence claims, the learned intermediary rule exempts pharmacists from the duty to warn patients of the general risks and side effects of FDA-approved drugs. But the…
AR: Supreme Court Rejects Going-and-Coming Rule in Vicarious Liability
Skala v. Comfort Sys. USA, Inc., 2025 Ark. 183, at *15, 722 S.W.3d 772, 781 (2025) (rejecting the going-and-coming rule in vicarious liability cases; “[A] traditional respondeat superior analysis applies. As such, the fact that [tortfeasor] was en route to…
UT: Negotiated Medical Bill Reflects Actual Loss Incurred
Gardner v. Norman, 2025 UT 47, ¶ 41, 582 P.3d 717, 727 (2025) (“Under the collateral source rule, the fact that the negotiated charge was paid by a third party is inadmissible and cannot reduce the plaintiff’s recovery. But the…
JOTWELL Torts: Goldberg on Abraham on Foreseeing Tort Trends
At JOTWELL, John Goldberg reviews Ken Abraham’s The Liability Revolution That No One Saw Coming.
Swan on Corruption of Blood
Sarah Swan has posted to SSRN Corruption of Blood. The abstract provides:
Article III of the United States Constitution is best known for authorizing and defining the jurisdiction of the federal courts. But it has another important feature: it…
NH: Constitution Prohibits Reviving Time-barred Claims
Ball v. Roman Cath. Bishop of Manchester, 2025 N.H. 45, ¶ 31, ___ A.3d ___, ___ (2025) (holding that the New Hampshire constitution “precludes application of [a statute] to revive the plaintiff’s time-barred [sexual abuse] claim.”).
Reinert, Schwartz & Pfander’s Study on State Qualified Immunity Reforms
Alex Reinert, Joanna Schwartz & James Pfander have posted to SSRN Watching the Sky Not Fall: A Study of State Qualified Immunity Reforms. The abstract provides:
Police violence like that visited on George Floyd in the summer of 2020…
Bachar on Plaintiffs’ Lawyers’ Disclosure Duties
Gilat Juli Bachar has posted to SSRN Plaintiffs’ Lawyers’ Disclosure Duties. The abstract provides:
Lawyers representing plaintiffs in civil litigation often participate in settlements that conceal risks to public health and safety-contributing, wittingly or not, to future harm. This…