Torts roundup

  • “City to pay $22.5 million to bipolar woman released in high-crime area” [Chicago Sun-Times, Greenfield]
  • On Medicaid settlement clawback evasion, Obama acts in line with wishes of both plaintiff’s and defense sides, though against interests of federal Treasury [Ted Frank] Michael Greve on Delia v. EMA, the Medicaid recoupment case before SCOTUS [Law and Liberty]
  • From Sasha Volokh, a Glee-ful Torts exam [Volokh]
  • Congrats to Abnormal Use, repeat winner in Torts category of ABA Journal Blawg 100;
  • UK: personal injury firms say they’ll need to lay off workers if government carries through on reform of civil suits [Law Gazette]
  • “How the First Amendment affects tort law” [Beck, Drug and Device Law]
  • Bummer: after involuntary pot brownie incident, lawsuit names club where incident took place [NJLRA]


  • The article about the $22.5 million settlement (item 1) was interesting. It is of the “if only the lazy police had … “. The various “if only”s would lead to suits galore. Keeping a girl in custody for her own safety? Taking her to the hospital and the article would as what makes police psychiatrists. Assuming suggestive clothing would automatically incite black guys to rape, is in the Gloria Allred wheelhouse.

    What stupid analyses!

  • ” While Eilman should not have been arrested or released, …”
    Well, which one is it. They cannot have wrongfully released her if not arrested in the first place.

    Did she mitigate reasonably for her own intermittent lack of capacity by wearing a medical alert bracelet. Her sane self owes her insane self at least that much.

  • That’s when a federal appeals court rejected the city’s attempt to dismiss the case and said police “might as well have released her into the lions’ den at Brookfield Zoo” when they ignored frantic calls from Eilman’s parents and allowed the young woman to leave without assistance in the high-crime neighborhood.

    Our Federal Appeals Court Judges are comparing the residents of the Robert Taylor Homes to animals? They should be sent to sensitivity and diversity training!