Monthly Archives: April 2007

Insights on Fulton Superior Court’s docket problems

The April 30th issue of Fulton County Daily Report  includes an interview with Chief Judge Dee Downs of Fulton Superior Court.  (She and I made some stump speeches together in her first campaign, as I filled in as a surrogate for the successful candidate for another seat on the same court.)  The judge, who career … Continue Reading

Tanker truck crash may snarl San Francisco area commutes for months

At 3:41 AM on Sunday, a tanker truck crashed and burned at the intersection of three freeways, causing the collapse of an overpass.  This will likely  snarl commutes for hundreds of thousands of people for months until repairs can  be completed.  California officials are urging residents to shift to public transit and telecommuting due to … Continue Reading

Defense advantage in medical malpractice trials

A report which will be published in May in the Michigan Law Review.confirms what most tort law practitioners have long recognized: the defense has a strong advantage in medical malpractice trials.
Philip Peters Jr., of the University of Missouri-Columbia School of Law, concluded that juries treat doctors favorably, "perhaps unfairly so," and are more likely than … Continue Reading

Injunction sought against allowing Mexican trucking companies to operate in US

A coalition of trucking, environmental and safety organizations has filed suit seeking an injunction against implementation of the Bush Administration’s decision to allow up to 100 Mexican motor carriers – with an unlimited number of trucks – to perform long-haul operations within the U.S. 
The Owner-Operator Independent Drivers Association, Sierra Club; Public Citizen; … Continue Reading

5 on school band bus killed by sleeping trucker on cruise control

Wisconsin jurors heard testimony this week about a trucker who stayed out all night with friends the night before a fatal crash, and had his truck on cruise control in tenth gear when he fell asleep and overturned in 2005.  A bus carrying a high school marching band collided with the overturned big rig on … Continue Reading

Georgia legislature considers overturning ancient common law rule holding employers responsible for negligence of employees

4/15/07.  The  doctrine of respondeat superior has been deeply ingrained in Anglo-American common law tradition since long before the American Revolution.  The origins of respondeat superior are disputed. Compare Holmes, Agency I, 4 HARV.L.REV. 345 (1891) (respondeat superior developed from Roman law) with Wigmore, Responsibility for Tortious Acts: Its History, 7 HARV L.REV. 315 (1894) … Continue Reading