The Savory Tort
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1L Torts II (2018)
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Friday, April 3, 2020
Quarantine works. Stay home!
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Art by Grace Harrington At last check, Australia has only 28 deaths from coronavirus. A friend down under told me that on WhatsApp today...
Commonwealth wins two in tort: one, bad presentment; two, no duty to juvenile assaulted in contractor custody
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The Commonwealth prevailed in two tort suits under the Massachusetts Tort Claims Act at the end of February. One case, a slip-and-fall, was...
Waiver of negligence precludes later suit by family, high court holds in nursing home, diving death cases
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Image by edar from Pixabay In two cases at the end of February, the Massachusetts Supreme Judicial Court made clear that a person's...
'Game changer,' $2.5m punitive affirmance elucidates 'gross negligence' in medmal
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The Massachusetts Appeals Court in late February affirmed an award of $2.5m in punitive damages in a case of death from botched laparoscopi...
Battery, IIED in play if medical staff ignore patient's 'stop,' court rules
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Medical professionals may be liable for battery and intentional infliction of emotional distress for failing to heed a patient's withdra...
Boston Globe wins access to booking photos, incident reports involving arrests of police officers
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In the Massachusetts Supreme Judicial Court on March 12, the Boston Globe won access to booking photographs and incidents reports related to...
Thursday, April 2, 2020
Doctor's blog briefs COVID-19, medmal, learned intermediary doctrine, and addiction in legal profession
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Like you, likely, I am at home. And one thing I can tell you about home: This ain't Rwanda. Where I was supposed to be. Apologies in...
Wednesday, April 1, 2020
CFP: Law Against Pandemic
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Calling contributors! Scholars, students, practitioners, all disciplines, all nations, are invited to contribute articles, commentary,...
Springer 'Law and Development' book: Introduction is now free for download
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Recently I announced the publication of Law and Development , a new collection of research articles from multi-national and multi-discipli...
Scharf laments executive disrespect for courts in immigration enforcement
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My friend and colleague Irene Scharf has written for the Human Rights At Home blog on "mid-case deportations" by Immigration a...
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