Torts and Personal Injury Law
This course has several objectives. It offers the student an opportunity to study several important torts topics not usually covered in the first year, such as products liability, misrepresentation, and business torts. It also offers an opportunity to consider whether tort law is a just and efficient way to resolve disputes and provide remedies for personal injuries and other types of harm. Perspective readings and tort reform evaluation will be included . Students also will conduct in depth research on a topic of the student’s choice and present findings to the class. The grade will be based on completion of the research paper.
This course will cover key areas of health care litigation. Students will explore the substantive and procedural law of medical negligence litigation and learn about pretrial matters such as drafting pleadings, motions and deposing experts. Students will have the opportunity to develop trial techniques including preparing direct and cross examinations. They will also be able to participate in a medical negligence mock trial. Additional topics will include compliance and internal investigations, licensing procedures, technology litigation, managed care litigation, and ERISA preemption. (Burke)
This course offers a basic study of the legal aspects of insurance. Problems common to all types of insurance are considered, including problems of policy interpretation, rights and liabilities of parties and companies, and the regulation of the insurance industry. In addition, special problems raised by particular types of insurance policies are considered. (Sampen)
In this course students will take an in depth look at both the substantive and procedural law of medical negligence litigation and alternative dispute resolution. The primary methodologies used in ADR, arbitration, and mediation are reviewed through a series of case examples.
This seminar will cover the fundamentals of products liability law and the complex evidentiary issues and strategy choices that lawyers face in products litigation. It will also address the effectiveness of the tort system to deal with injuries caused by products, the impact of tort reform on the evolution of products law, and the influence of political processes on product regulation. The course will meet for two hours each week. Students may submit a paper for an additional hour of credit. The grade for the course will be determined by a two hour examination.
A basic course in the substantive law governing compensation for injuries to property and to the person. Considered are intentional wrongs, negligence, malpractice, products liability and strict liability; invasions of personal integrity and emotional well-being; injury to tangible and intangible rights in property; liability insurance and alternatives; and damages. Other risk-bearing alternatives are considered and contrasted with the traditional common law theories. (Appel, Cooper, Frischmann, Locke, Sawicki)
This course will provide an overview of the law of toxic torts. Toxic torts is the area of law dealing with injuries due to exposure to hazardous chemical and other substances. This is an emerging area of law that will likely remain active in our industrial society. It is also an area of law were the young lawyer can with an understanding of key concepts have an advantage over older attorneys. This course will provide an understanding of the key concepts of toxic tort law. However, in addition to learning about toxic tort law, the student will learn secrets that have application in personal injury litigation outside of toxic torts. For example, how can you use the choice of a medical expert’s stethoscope to impeach his testimony? What hidden clues are in an expert’s curriculum vitae (resume)? What logical flaw can be used to discredit paternity testing results? Why are most physicians not qualified to give an opinion concerning causation and how do you prove it at trial?
The instructor of this course is a physician, attorney, industrial hygienist, toxicologist and a biomedical engineer. In addition to having served as the medical director of a major American city, he is a trial attorney who will share secret knowledge that may make a difference in the trajectory of your career. (Chiodo)