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Latest and Featured Posts
January 27th, 2012 Taking a walk near my house in Memphis, I encountered this dangerous sidewalk condition. Note that instead of filling in the chasm, the city apparently opted to leave it be and cure the problem instead by spray-painting a thin orange warning line around it. Since the condition has been there for a quite a while (the orange paint is very faded), it appears this was considered to be an acceptable final fix.
January 26th, 2012
Okay, it’s not quite the stairway to heaven, but this ladder is long enough to give the user a good head start. This picture, submitted by a University of Memphis law student, makes me shudder.
Ladders are one of the most dangerous consumer products. A study published by the U.S. National Institutes of Health estimated that 2.2 million people received treatment in emergency rooms for ladder injuries during the 16-year-period from 1990-2005, an average of 136,000 cases a year.
Nearly 10% of injuries resulted in hospitalization, roughly twice that of consumer product-related injuries overall.
Other ladder
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January 25th, 2012 –From Thomas Walk, Wake Forest University School of Law, Date of event: fall 1979
Our Corporations professor had the annoying habit of ending a lot of his sentences with the phrase “All that jazz.”
Midway through the semester, my classmate who sat immediately to the left came to class with a notepad she bought at the mall. It had musical notes floating around the pages and the “All That Jazz” phrase. She wandered to the front of the classroom before the prof arrived and put the pad on his rostrum.
The professor walked in, examined the pad with a confused look, and laid it to one side.
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January 14th, 2012 This article from Time Newsfeed about how some governments make certain baby names illegal is reminiscent of one of our Hall of Fame Strange Judicial Opinions: “Hello, My Name Is … Oh, Never Mind.”
Meanwhile, the article warns that the following baby names have been declared illegal in New Zealand:
“Yeah Detroit”
Twins named “89”
“Sex Fruit”
Good news though! New Zealand will still allow boys to be named “Number 16 Bus Shelter.”
January 13th, 2012
Professor and editor of the Torts Prof blog, Bill Childs, posted this picture of a warning sign at the new Harry Potter attraction at the Islands of Adventures theme park in Orlando. He noted that he particularly enjoyed that even the warnings are themed, as this one comes from the “Department of Magical Transportation.”
See my ABA Journal column on Hogwarts Torts, suggesting that no student in the history of education has been subjected to as many torts as poor Harry Potter.
Read more…
January 11th, 2012 It’s almost impossible to imagine a case that sounds more boring than “In re: Chinese-Manufactured Drywall Products Liability Litigation.” In this multidistrict potboiler, the judge stayed an insurance coverage action, apparently hoping to facilitate a global settlement.
Unfortunately, nothing was moving forward, prompting the Trust to ask the court to lift the stay to get things moving. Counsel didn’t take any chances that the court might miss her point, punching up her memorandum in support of the motion to lift the stay with a dramatic journalistic touch:
Since this Court stayed the insurance coverage action ten months ago last March, no global mediation
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January 7th, 2012 A judicial friend from Florida sent along a case of first impression involving a parental rights determination between a birth mother and a biological mother that she calls “a law professor’s dream case.” It does sound a bit like a law school exam question—a very difficult one.
The case involved two women in a committed relationship who wanted to have a child. Ova from one of the women were removed, fertilized by donated sperm, and implanted in the other woman, who then gave birth to the child. Thus, one woman was the biological mother and one was the birth mother,
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December 30th, 2011
University of Memphis law student Tyler Ginn snapped this shot of someone trying to move way too many wood palletes at one time in the back of a pickup truck.
December 29th, 2011
Expert's testimony had more holes in it than this guy.
In December 2011, the U.S. Seventh Circuit Court of Appeals, per Judge Richard Posner, reversed a jury verdict in favor of an airline against Fed Ex for $65,998,411, the precise amount the airline had requested in damages.
One issue was the admissibility of complex testimony regarding the damages calculations by the airline’s expert witness, a forensic accountant named Morriss. Posner was not impressed by the expert’s regression analysis testimony:
Morriss’s regression had as many bloody wounds as Julius Caesar when he was
Read more…
December 27th, 2011
McClurg’s new book, The “Companion Text” to Law School: Understanding and Surviving Life with a Law Student, has just been published by West. More info here.
Law school is an adventure for the entire family. It profoundly affects not only students, but their loved ones. This book provides all the information and tools necessary to help loved ones of law students survive the wild ride through legal education.
December 25th, 2011
“Let’s see, where should we build the dangerous fireworks retail outlet?”
“How about right here next to these dangerous gasoline pumps?”
“Perfect!”
University of Memphis law student Ella Hernandez caught this funny juxtaposition on a Florida vacation. (Click on the pic to expand and fully appreciate.)
This picture has the makings of a classic Torts exam question. Just throw in some lightning and a school bus careening out of control.
December 25th, 2011
Taken in downtown Memphis, with the Pyramid building in the background.
I guess one of those little yellow flags at the end might help (and may required by law), but that ladder still looks too long to be taking a ride in such a short truck.
Wonder what’s holding it down inside the truck. Whatever it is, leverage is working against it.
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Andrew J. McClurg
is a scholar and teacher in the areas of tort law, products liability, legal education, privacy law and firearms policy. He currently holds the Herbert Herff Chair of Excellence in Law at the University of Memphis Cecil C. Humphreys School of Law.
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Tortland

Tortland collects interesting tort cases, warning labels, and photos of potential torts. Play "Spot the Tort" with Tortman.
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Legal Oddities
From the simply curious to the downright bizarre, a collection of amusing law-related artifacts.
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Law School Stories
For all its terror and tedium, law school can be a hilarious place. Everyone has a funny law school story. What’s your story?
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Harmless Error
McClurg's twisted legal humor column ran for more than four years
in the American Bar Association Journal.
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Spot the Tort
Have fun and make the world a safer place. Send in pictures of dangerous conditions you stumble upon (figuratively only, we hope) out there in Tortland.
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Unusual Warning Labels
Check out this new feature and help it grow. Next time you come across an odd product warning, take a picture of it and send it along.
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Weird Patents
Think it’s really hard to get a patent? Think again.
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Legal Mythbusters
Weird or funny legal stories that lack documentation annoy us. Help set the record straight about bogus or distorted legal legends.
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Legal Education
Collecting any and all amusing tidbits related to legal education.
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