The Pathology (and Politics) of Liability Shields
The COVID liability landscape has presented less of a narrative about the development of substantive torts doctrine and more a study in politics.
Torts
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Read more: Tort Liability is a Potentially Powerful Tool for Pandemic Response Tort Liability is a Potentially Powerful Tool for Pandemic Response
Liability exposure encourages precautions through economic incentives rather than administrative agency directives.
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Read more: California Supreme Court to Decide If Employers May Be Liable for ‘Take-Home’ COVID-19 California Supreme Court to Decide If Employers May Be Liable for ‘Take-Home’ COVID-19
Should an employer be held liable if an employee contracts COVID in the workplace and subsequently “takes it home” and infects a family member?
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Read more: COVID-19 and the Problem of Multiple Sufficient Causes COVID-19 and the Problem of Multiple Sufficient Causes
Thanks to the COVID-19 pandemic, what seemed like an antiquated doctrine to be relegated to the age of sparking trains may be steaming back into relevance.
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Read more: The Impossibility of Legal Accountability for COVID-19 Torts The Impossibility of Legal Accountability for COVID-19 Torts
Torts scholars reflect on questions surrounding whether and how entities might be held liable for the harms associated with SARS-CoV-2 infection.
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Read more: The Privatization of Opioid Litigation The Privatization of Opioid Litigation
By Dan Aaron As the opioid litigation continues over the shadow of one of our nation’s most pressing public health crises, some criticism has been levied at private lawyers representing the cities, counties, states, and individuals harmed by the crisis. For example, see the following tweet: Let’s work out tax and healthcare financing policy county…
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Read more: The Role of Attorneys General in the Opioid Litigation The Role of Attorneys General in the Opioid Litigation
By Daniel Aaron People following the opioid lawsuits might have noticed some strange headlines as of late. Virtually every state’s attorney general (AG) is suing Purdue Pharmaceuticals, maker of the blockbuster drug OxyContin. Purdue filed for bankruptcy and is hoping to settle for “$10 billion.” However, the deal only includes $4.4 billion in cash, which…
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Read more: Tort Law: Public and Private Tort Law: Public and Private
By Alex Stein Readers interested in medical malpractice might be interested in seeing—and commenting on—my new article, The Domain of Torts, forthcoming in 117 Colum. L. Rev. (2017). This Article advances a novel positive theory of the law of torts that grows out of a careful and extensive reading of the case law. The Article’s core…
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Read more: Lost-Consortium Damages for Same-Sex Spouses Lost-Consortium Damages for Same-Sex Spouses
By Alex Stein Yes, those damages are now available. The Connecticut Supreme Court decision that affirmed their availability, Mueller v. Tepler, — A.3d —- (Conn. 2014), was widely anticipated.
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Read more: How Medicine Learns About the Law How Medicine Learns About the Law
By Nadia N. Sawicki Many medical providers learn about the law the way kids learn about sex – whispers with friends, internet message boards, and media depictions of the most dramatic and unrealistic kind. And while both medical schools and junior high schools offer some type of formal education, it is quite limited, especially as compared…