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
Ken Abraham & Cathy Sharkey have posted to SSRN Untangling AI Liability. The abstract provides:
This Article is the first full consideration of the role tort law can play in addressing the harms that socially beneficial Artificial Intelligence technologies
Lane v. Ky. Dep’t of Corr., ___ S.W.3d ____, ____, 2025 WL 2678860, at *15, 2025 Ky. App. LEXIS 78, at *37 (2025) (“The supervisory relationship here—though not involving physical confinement—was sufficient to establish legal control. The law does not
Stone v. Witt, 374 Or. 524, 526, 581 P.3d 919, 922 (2025) (en banc) (“[M]edical professionals, alleged to have negligently prescribed and distributed drugs to a patient, may be liable for allegedly foreseeable physical injuries that the patient subsequently caused
Santiago v. Philly Trampoline Park, LLC, ___ Pa. ___, ___, 343 A.3d 995, 1015 (2025) (“[P]arents are without authority to bind a minor child to an agreement to arbitrate.”).
Ken Abraham has posted to SSRN The Legal Architecture of Insurance. The abstract provides:
This piece, invited by the Michigan State Law Review as its 2025 “Visionary Article in Insurance,” examines the legal “architecture” of insurance. Insurance policies embody
Butterworth v. Jackson, ___ P.3d ___, ___, 2026 WL 193941, at *6, 2026 N.M. LEXIS 2, at *17 (N.M. 2026) (“[W]e expressly abolish the tort of alienation of affections”).
At JOTWELL, Ronen Avraham reviews Gary Marchant’s Swords and Shields: Impact of Private Standards for Liability Determinations of Autonomous Vehicles.
Mark Geistfeld has posted to SSRN Insurability and Liability for AI-Caused Harms. The abstract provides:
The opacity of AI decision-making has led many tort scholars to conclude that ordinarily it will be infeasible to prove negligence or defect-based forms
Late last month, families of two Trinidadian men killed in a boat strike off the coast of Venezuela on October 14, 2025 sued the U.S. in federal court in Massachusetts. The Trump administration has carried out approximately three dozen such