Mass Torts in the United States
Author | : Courtney Ward-Reichard |
Publisher | : |
Total Pages | : 528 |
Release | : 2021-09-07 |
Genre | : Law |
ISBN | : 9781641056656 |
A useful guide for attorneys of all levels of experience to most phases of mass tort cases.
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Author | : Courtney Ward-Reichard |
Publisher | : |
Total Pages | : 528 |
Release | : 2021-09-07 |
Genre | : Law |
ISBN | : 9781641056656 |
A useful guide for attorneys of all levels of experience to most phases of mass tort cases.
Author | : Richard A. Nagareda |
Publisher | : University of Chicago Press |
Total Pages | : 348 |
Release | : 2008-09-15 |
Genre | : Law |
ISBN | : 0226567621 |
The traditional definition of torts involves bizarre, idiosyncratic events where a single plaintiff with a physical impairment sues the specific defendant he believes to have wrongfully caused that malady. Yet public attention has focused increasingly on mass personal-injury lawsuits over asbestos, cigarettes, guns, the diet drug fen-phen, breast implants, and, most recently, Vioxx. Richard A. Nagareda’s Mass Torts in a World of Settlement is the first attempt to analyze the lawyer’s role in this world of high-stakes, multibillion-dollar litigation. These mass settlements, Nagareda argues, have transformed the legal system so acutely that rival teams of lawyers operate as sophisticated governing powers rather than litigators. His controversial solution is the replacement of the existing tort system with a private administrative framework to address both current and future claims. This book is a must-read for concerned citizens, policymakers, lawyers, investors, and executives grappling with the changing face of mass torts.
Author | : Elizabeth Chamblee Burch |
Publisher | : Cambridge University Press |
Total Pages | : 293 |
Release | : 2019-05-16 |
Genre | : Business & Economics |
ISBN | : 1108416977 |
Presenting twenty-two years of multidistrict litigation data, this book exposes a systematic lack of checks and balances in our courts.
Author | : John C. Coffee |
Publisher | : Harvard University Press |
Total Pages | : 318 |
Release | : 2015-06-08 |
Genre | : History |
ISBN | : 0674736796 |
In class actions, attorneys effectively hire clients rather than act as their agent. Lawyer-financed, lawyer-controlled, and lawyer-settled, this entrepreneurial litigation invites lawyers to act in their own interest. John Coffee’s goal is to save class action, not discard it, and to make private enforcement of law more democratically accountable.
Author | : Timothy Lytton |
Publisher | : University of Michigan Press |
Total Pages | : 446 |
Release | : 2006-11-27 |
Genre | : Business & Economics |
ISBN | : 0472032119 |
The first comprehensive analysis of recent lawsuits against gun makers
Author | : S. Elizabeth Gibson |
Publisher | : |
Total Pages | : 178 |
Release | : 2005 |
Genre | : Bankruptcy |
ISBN | : |
Author | : Andrew J. McClurg |
Publisher | : |
Total Pages | : 340 |
Release | : 2007 |
Genre | : Law |
ISBN | : |
Practical Global Tort Litigation takes readers on a journey through a tort case in the U.S., Germany, and Argentina. Using a shattering glass food container as the vehicle, the book compares how a prototypical products liability case would be handled in the U.S. common law system and representative civil law nations in Europe and Latin America. The book analyzes from a real world perspective issues such as fact gathering and presentation, expert witnesses, burdens of proof, theories of recovery and defenses, and damages and attorneys'' fees. This book is part of the Contextual Approach Series, edited by Andrew J. McClurg, Professor and Herff Chair of Excellence in Law, The University of Memphis Cecil C. Humphreys School of Law. "Practical Global Tort Litigation explores how the law would address an ordinary products liability dispute on separate continents around the world-in North America, Europe, and South America. It is impossible to conceive of a more creative, effective, or engaging way to get one''s arms around the fascinating if unwieldy issues of comparative law than to examine through separate lenses how a particular lawsuit would be handled under such disparate legal systems, reflecting such differing cultural traditions. The distinctive portraits painted here reveal enough threads of commonality to animate the enduring hope of comparativists in every land that similar strands of fairness and justice around the globe, spanning continents and civilizations, reveal enduring links of human experience at a primal level." -- David G. Owen, Carolina Distinguished Professor of Law, University of South Carolina "McClurg, Koyuncu, and Sprovieri have produced the blueprint for academics interested in examining comparative approaches to the law. The book''s strength lies in its holistic examination of a claim from injury to legal resolution within the juridical systems of the United States, Germany, and Argentina. There simply is no better way to address the fundamental issues raised in a comparative tort litigation setting than this contextualized approach. Having had the pleasure to work with the lead author for several years, I can think of no better scholar and teacher to undertake this ambitious endeavor. He and his fellow authors have not only met their goals, they have set the standard for future comparative engagements." -- Ediberto Román, Professor of Law, Florida International University "The unique focus on a single case permits three different legal systems to be compared effectively and efficiently. The brisk and accessible style makes it perfect for classroom use, although lawyers outside of the academy will find it worth reading for the sheer intrinsic pleasure of learning about how familiar concepts are handled elsewhere. In recent years, American lawyers have been told that the world is shrinking: this book is a useful and practical step towards dealing with the globalization of law." -- Anthony J. Sebok, Centennial Professor of Law, Brooklyn Law School "The book convinces by a simultaneous and detailed presentation of central problems of product liability law and the review of the examined jurisdictions as a whole. Therefore, it is valuable for all those readers who practically or theoretically deal with product liability law as well as for those readers who are generally interested in comparative law." -- Produkthaftpflicht international (Product Liability International Journal) "Overall, by working practically through a concrete case this book provides valuable comparative views into the substantive and procedural product liability laws in the U.S.A., Germany and Argentina. The authors deliver -- by highlighting the differences between the countries -- a well-written presentation, in which they also describe possible defense strategies for manufacturers. In addition to the comparative contents, the book is flavored with experiences and insights of the three authors. Particularly, through its numerous practical aspects, the book delivers inspiring and valuable insights for scientific legal scholars, practitioners and interested students. The benefit of this fluently written book is even enhanced by the fact that each chapter contains a table-sheet summary where the commonalities and differences in the analyzed countries are accentuated. This alleviates the quick look for readers. In conclusion, here is a very felicitous and scientifically and practically valuable book, that can be recommended without reservation." -- Recht der Internationalen Wirtschaft (Law of International Economy Journal) "[This] book can be recommended with confidence to all those who are interested in product liability law, since even experts may discover some interesting new approaches in this book. The book is also valuable for those generally interested in comparative law, because it demonstrates in an exemplary manner that successful comparative law cannot merely end with a comparison of material norms, but what must instead be pursued is the examination of the law in its entirety, once again by placing the examined legal field in a social, resp. legal, nexus." -- Versicherungsrecht (VersR) "In summary, by using an example of a concrete liability case, the book delivers insight into the aspects of the substantive and procedural product liability law in the United States, Argentina and Germany. The book is fluently written and easily to understand. It offers instructive and useful information for experts in companies, lawyers, legal academics and students. Especially useful are the tables at the end of each chapter, which summarize the content of the chapter and outline special characteristics, similarities and differences of the respective law in the three countries. This provides the reader with a quick overview. Everyone interested in product liability or comparative law will benefit from this book. Last but not least, it is quite economically priced." -- Peter Hoffman, editor of Food and Law
Author | : Walter K. Olson |
Publisher | : Macmillan |
Total Pages | : 388 |
Release | : 2004-06 |
Genre | : Law |
ISBN | : 9780312331191 |
A timely warning is given by Olson, who maintains that today's class-action lawyers are fast carving out a new and dangerous role as an unelected fourth branch of the government.
Author | : John C. P. Goldberg |
Publisher | : Harvard University Press |
Total Pages | : 393 |
Release | : 2020-02-04 |
Genre | : Law |
ISBN | : 0674246527 |
Two preeminent legal scholars explain what tort law is all about and why it matters, and describe their own view of tort’s philosophical basis: civil recourse theory. Tort law is badly misunderstood. In the popular imagination, it is “Robin Hood” law. Law professors, meanwhile, mostly dismiss it as an archaic, inefficient way to compensate victims and incentivize safety precautions. In Recognizing Wrongs, John Goldberg and Benjamin Zipursky explain the distinctive and important role that tort law plays in our legal system: it defines injurious wrongs and provides victims with the power to respond to those wrongs civilly. Tort law rests on a basic and powerful ideal: a person who has been mistreated by another in a manner that the law forbids is entitled to an avenue of civil recourse against the wrongdoer. Through tort law, government fulfills its political obligation to provide this law of wrongs and redress. In Recognizing Wrongs, Goldberg and Zipursky systematically explain how their “civil recourse” conception makes sense of tort doctrine and captures the ways in which the law of torts contributes to the maintenance of a just polity. Recognizing Wrongs aims to unseat both the leading philosophical theory of tort law—corrective justice theory—and the approaches favored by the law-and-economics movement. It also sheds new light on central figures of American jurisprudence, including former Supreme Court Justices Oliver Wendell Holmes, Jr., and Benjamin Cardozo. In the process, it addresses hotly contested contemporary issues in the law of damages, defamation, malpractice, mass torts, and products liability.
Author | : Ariel Porat |
Publisher | : Oxford University Press, USA |
Total Pages | : 236 |
Release | : 2001 |
Genre | : Law |
ISBN | : 9780198267973 |
Providing a comprehensive and principled account of the uncertainty problem that arises in tort litigation, this text critically examines the existing doctrinal solutions of the problem, as evolved in England, United States, Canada & Israel.