Posts tagged as:

baseball bats

Product liability roundup

by Walter Olson on October 1, 2012

  • “Oklahoma Court Tosses Jury Verdict Over ‘Defective’ Louisville Slugger” [Daniel Fisher/Forbes, Abnormal Use] “In contrast, a New Jersey case against the same defendant resulted in a multi-million-dollar settlement divorced from any showing of culpability.” [PoL]
  • An expert witness wore two hats [Chamber-backed Madison County Record]
  • 5-4 Washington Supreme Court decision in asbestos case bodes ill for makers of safety devices [Pacific Legal Foundation]
  • “Defective design and the Costa Concordia” [Rob Green, Abnormal Use; Rick Spilman, The Old Salt]
  • Calif. appeals court says man shot by 3 year old son can sue Glock [SFGate]
  • “Evidence of Drug Use May Be Relevant in Product Liability Litigation” [Farr, Abnormal Use]
  • “What used to be in chemistry sets that are not in there anymore are actual chemicals” [BBC, earlier here, here]

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Goodbye to metal bats?

by Walter Olson on August 24, 2012

The family of a New Jersey boy severely injured by a line drive has reached a $14.5 million settlement with the maker of the metal baseball bat and other defendants that include Little League and a sporting goods retailer. Plaintiff’s lawyers have argued that metal bats raise the risk of injury on the diamond by imparting too much force to the ball. [New York Post, Point of Law (CPSC failed to find metal bats any riskier than wood), earlier here, etc.]

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“Last Friday an Oklahoma federal jury awarded a pitcher $871,000 in actual damages (and gave his parents $80,095.85 in actual damages) for an aluminum bat that allegedly was defectively designed and contained insufficient warnings. The case is styled Yeaman v. Hillerich & Bradsby Co., Case No. CIV-10-1097-F (W.D. Okla.).” [Russell Jackson] Earlier here, here, here, etc.

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August 3 roundup

by Walter Olson on August 3, 2011

  • Central Falls, R.I. lands in bankruptcy court [NYT; my Cato take]
  • Less efficient patdowns? Man with one arm files complaint after being turned down as TSA inspector [MSNBC via Hyman]
  • Don’t join the Mommy Mob [Ken at Popehat]
  • Montana high court upholds failure-to-warn verdict against maker of aluminum baseball bat [PoL link roundup, Russell Jackson; earlier here and here]
  • Finally some good news from Connecticut: state enacts law protecting municipalities from lawsuits over recreational land use [BikeRag; earlier here, etc.]
  • Claim: climate-change tort suits will require radical changes in tort law and that’s a good thing [Douglas Kysar (Yale), SSRN]
  • Attorney keen to go on TV, will take any case, either side [Balko]

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Some trial lawyers have been crusading for a while on the theory that aluminum baseball bats are unreasonably dangerous because they allow balls to be hit with more force. A lawsuit over a 11-year-old Little Leaguer’s injury may be the next to test that theory. [Chicago Sun-Times]

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August 12 roundup

by Walter Olson on August 12, 2010

  • “Father demands $7.5 million because school officials read daughter’s text message” [KDAF via CALA Houston]
  • How many different defendants can injured spectator sue in Shea Stadium broken-bat case? [Melprophet]
  • Prominent trial lawyer Russell Budd of Baron & Budd hosts Obama at Texas fundraiser [PoL]
  • DNA be damned: when actual nonpaternity doesn’t suffice to get out from under a child support order [Alkon, more]
  • “Sean Coffey, a plaintiffs’ lawyer-turned-candidate for New York Attorney General, made more than $150,000 in state-level campaign contributions nationwide over 10 years.” [WSJ Law Blog] “Days before announcing a shareholder lawsuit against Bank of America, state Comptroller Thomas DiNapoli accepted $14,000 in campaign donations from a law firm hired to help litigate the case.” [WSJ]
  • Big new RAND Corp. study on asbestos bankruptcy trusts may spur reform [Lloyd Dixon, Geoffrey McGovern & Amy Coombe, PDF, via Hartley, more, Daniel Fisher/Forbes, background here and here] Update: Stier.
  • Public contingency suits? Of course the elected officials are in control (wink, wink) [The Recorder via Cal Civil Justice]
  • Copyright enforcement mill appears to have copied its competitor’s website [TechDirt via Eric Goldman]

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February 12 roundup

by Walter Olson on February 12, 2010

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A Montana jury decided that the aluminum baseball bat manufactured by “Louisville Slugger” maker Hillerich & Bradsby was not a defective product, but that the company should have warned of the dangers from its hitting balls at a higher speed, and awarded a family $850,000 for the 2003 death of their son at a baseball game. [Helena Independent Record, AP] Early commentary: Russell Jackson (doubting that a warning would actually have altered the behavior of those in the game) and Eugene Volokh (before verdict). Earlier here. More: Jim Copland discusses on CNN; Above the Law.

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It’s going on from California to New York City: a Drew Carey feature for Reason.tv.

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Filling in a detail readers wondered about before, on why Little League was named as a defendant: “The game in which Steven Domalewski sustained the injury was a Police Athletic League contest rather than a Little League event. Attorney Ernest Fronzuto countered that Little League Baseball officially approved the bat and by its actions led players, coaches and parents to believe the bat was safe for play among 10-, 11- and 12-year-olds.” (Bob Condor, “Living Well: Youth baseball injury stats: Ouch!”, Seattle Post-Intelligencer, Jun. 1).

“A New Jersey couple, whose son was struck in the chest with a line drive, is planning to sue the maker of a metal baseball bat used in the game.” The family of Steven Domalewski “contends metal baseball bats are inherently unsafe for youth games because the ball comes off them much faster than from wooden bats. The lawsuit will also be filed against Little League Baseball and a sporting goods chain that sold the bat.” (AP/FoxNews.com, May 18). Earlier: Apr. 19 and Dec. 30, 2002.

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