Bar Exam Toolbox Podcast Episode 315: Listen and Learn -- The Breach Element of a Negligence Claim (Torts)
Welcome back to the Bar Exam Toolbox podcast! Today, we're discussing the different methods a plaintiff may use to establish the second element of a negligence claim -- breach. We also talk about the "res ipsa loquitur"...more
THOUGH APPLIED RARELY, A RES IPSA INSTRUCTION ON A JURY CHARGE CAN SPELL DISASTER. The Texas Supreme Court ruled recently that a trial court abused its discretion by including a res ipsa loquitur instruction on a jury...more
Most states have adopted a version of what is typically referred to as the “Malfunction Theory” that permits circumstantial proof of a product defect in a product liability action. The Malfunction Theory largely corresponds...more
Was a trial court's order barring all evidence related to plaintiff's res ipsa loquitur claim was improper? Alma Willis v. Sisters of St. Francis Health Services, Inc., d/b/a St. James Hospital and Health Centers, et al.,...more
Massachusetts Superior Court Rejects “Innovator Liability” Failureto-Warn Claim, Holds Branded Pharmaceutical Manufacturer Owed No Duty to Plaintiff Alleging Injury From Equivalent Generic Drug That Copied Defendant’s...more