Author: Deborah R. Hensler
Publisher:
ISBN:
Category : Dispute resolution (Law)
Languages : en
Pages : 38

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Book Description

Author: Richard A. Nagareda
Publisher: University of Chicago Press
ISBN: 0226567621
Category : Law
Languages : en
Pages : 348

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Book Description
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: Various Authors
Publisher: Good Press
ISBN:
Category : Fiction
Languages : en
Pages : 856

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Book Description
"A Selection of Cases on the Law of Torts" by Various Authors. Published by Good Press. Good Press publishes a wide range of titles that encompasses every genre. From well-known classics & literary fiction and non-fiction to forgotten−or yet undiscovered gems−of world literature, we issue the books that need to be read. Each Good Press edition has been meticulously edited and formatted to boost readability for all e-readers and devices. Our goal is to produce eBooks that are user-friendly and accessible to everyone in a high-quality digital format.

Author: Richard A. Epstein
Publisher: Aspen Publishing
ISBN: 1543820905
Category : Law
Languages : en
Pages : 1706

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Book Description
Cases and Materials on Torts preserves historical and conceptual continuity between the present and the past, while addressing the most significant contemporary controversies in such fast-moving areas like public nuisance, global warming, and product liability, with new litigation against internet providers. Toward these dual ends, Richard A. Epstein and Catherine M. Sharkey have retained in the Twelfth Edition the great older cases, both English and American, that have proved themselves time and again in the classroom, and which continue to exert great influence on the modern law. Our book also provides a rich exploration of the dominant corrective justice and law-and-economics approaches to tort law, as exemplified both in the retained and new cases and materials. New to the Twelfth Edition: Extensive new treatment of public nuisance cases to address the profound expansion of the once-sleepy area of public nuisance law into the realms of the opioid crisis, toxic torts, and global warming. Major reconsideration of who counts as a seller in the chain of distribution for goods sold online with product liability updates for various forms of e-commerce, such as Amazon’s liability for defective products sold on its site. Updates to incorporate two major new Torts Restatements on Intentional Harms and Liability Insurance. The Reforms of the Michigan No-Fault Legislation Enhanced treatment of privacy in the era of “Big Data” to address trend of large data collectors like Facebook and Google to determine what is reasonable online, incorporating major privacy legislation such as California’s Consumer Privacy Act and the European GDPR (General Data Protection Regulation). Expansion of materials that address race and gender disparities in the setting of damages awards; and, in the realm of punitive damages innovative remedies directing some portion of the award to public interest groups. Professors and students will benefit from: Clear organizational framework of the book. Important lines of cases that help understand legal reasoning and the evolution of precedent Inclusion of key academic commentary and elaboration of central intellectual disputes over the nature and function of the tort law Ability to pick and choose modules of interest – such as defamation, privacy, and economic harms – which are of increasing importance in real world of tort litigation. Extensive notes with topic headlines that elaborate basic concepts and extend into the most complex contemporary issues facing courts. Great attention given to cutting edge tort developments.

Author: Neal R. Bevans
Publisher: Aspen Publishing
ISBN: 1543846734
Category : Law
Languages : en
Pages : 841

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Book Description
Tort Law for Paralegals by Neal R. Bevans combines real-life examples with in-depth coverage of key topics in tort law Tort Law for Paralegals prepares students with practice-based assignments and a wealth of activities that reinforce the material. Students work with court forms and documents as they apply the law to a hypothetical case that unfolds throughout the text. Case excerpts in each chapter provide a basis for discussing legal theory and its applications. Ethics topics are also covered in each chapter. Well-structured pedagogy reinforces this readable text. Each chapter features a variety of effective learning aids, including sample forms and documents as well as exercises that encourage students to apply what they have learned. The Skills You Need in the Real World feature in each chapter highlights specific paralegal skills, from locating expert witnesses to creating a trial notebook and billing for time. New to the Seventh Edition: Updated throughout to reflect the most recent changes in tort law Issues in tort law raised by the COVID-19 virus are examined New cases that exemplify what paralegals see in practice Updated end-of-chapter questions, activities, and assignments to enrich learning Professors and students will benefit from: Comprehensive coverage, with a teachable mix of theory and practice. Presentation ensures that the topic of tort law is current and accessible for all readers Practice-based assignments and real-world examples that show how law firms function, how they assess cases for settlement value, how they investigate claims, and much more Lucid writing and effective pedagogy One continuous hypothetical case that serves as a coherent framework for understanding legal concepts in practice

Author: William M. Landes
Publisher: Harvard University Press
ISBN: 9780674230514
Category : Business & Economics
Languages : en
Pages : 356

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Book Description
Written by a lawyer and an economist, this is the first full-length economic study of tort law--the body of law that governs liability for accidents and for intentional wrongs such as battery and defamation. Landes and Posner propose that tort law is best understood as a system for achieving an efficient allocation of resources to safety--that, on the whole, rules and doctrines of tort law encourage the optimal investment in safety by potential injurers and potential victims. The book contains both a comprehensive description of the major doctrines of tort law and a series of formal economic models used to explore the economic properties of these doctrines. All the formal models are translated into simple commonsense terms so that the "math less" reader can follow the text without difficulty; legal jargon is also avoided, for the sake of economists and other readers not trained in the law. Although the primary focus is on explaining existing doctrines rather than on exploring their implementation by juries, insurance adjusters, and other "real world" actors, the book has obvious pertinence to the ongoing controversies over damage awards, insurance rates and availability, and reform of tort law-in fact it is an essential prerequisite to sound reform. Among other timely topics, the authors discuss punitive damage awards in products liability cases, the evolution of products liability law, and the problem of liability for "mass disaster" torts, such as might be produced by a nuclear accident. More generally, this book is an important contribution to the "law and economics" movement, the most exciting and controversial development in modern legal education and scholarship, and will become an obligatory reference for all who are concerned with the study of tort law.

Author: Willem H. van Boom
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 3110386518
Category : Law
Languages : en
Pages : 282

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Book Description
in recent years, there has been a growing interest in the legal aspects of mass torts in Europe. Both academics, legislatures, courts and policymakers throughout the whole of Europe have been struggling with the challenges that such ‚massification‘ of private law relationships poses both in and outside of tort law. The subject moves between the law of civil procedure, substantive tort law, access to justice debates and regulatory frameworks for mass disputes. This volume offers both a caleidoscopic review of real-life key cases of mass tort and an in-depth reflection on the broader implications of mass tort in Europe. Thus, the challenges posed by mass torts are explored, mapped and analysed.

Author: James A. Henderson
Publisher: Aspen Publishing
ISBN: 1543838960
Category : Law
Languages : en
Pages : 1540

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Book Description
Principally authored by the late James A. Henderson, Jr., and now led by Douglas A. Kysar of Yale Law School, The Torts Process has for fifty years now has given law students a clear, engaging, and sophisticated treatment of the law of torts. The Torts Process uses a student-friendly, procedurally-focused approach that relies on proven problem-and-cases pedagogy to illuminate the overarching structure and organization of tort law. Its lively mix of problems, cases, notes, and questions stimulate thought and discussion, while providing a firm foundation in tort doctrine, history, and theory New to the Tenth Edition: Overhaul of section on economic loss rule, including new lead case, Southern California Gas Leak Cases, and references to Third Restatement (Torts): Liability for Economic Harm. A new section in Chapter 8 on Damages in Context, which includes the case B. B. v. County of Los Angeles, which exposes a divide among the justices regarding the degree to which tort law should be situated within a larger legal and social context, one that includes the urgent and troubling intersection of race, policing, and violence in America. A new section in Chapter 4 on Statutory Immunities, which provides information on statutes that provide immunity from tort liability to particular industries or activities. New discussion of sexual harassment claims under intentional infliction of emotional distress and federal antidiscrimination statutes. Significant revamping of Chapter 5’s treatment of public nuisance doctrine in light of increasingly prominent use in contexts such as the opioid epidemic and climate change. Three new lead cases in Chapter 7 reflecting developments in the law of products liability, as well as a new section exploring caselaw on Amazon.com’s treatment as a product seller. Additional new lead cases throughout the Tenth Edition offer compelling teaching opportunities on a variety of topics, including: Bassett v. Lamantia (public-duty doctrine) Warren v. Dinter (medical malpractice) Gomez v. Crookham Co. (worker’s compensation benefits and wrongful death) Rich v. Fox News Network, LLC (emotional distress) Gilmore v. Jones (defamation) Lunsford v. Sterilite of Ohio, L.L.C. (invasion of privacy) Professors and students will benefit from: Problem-and-cases pedagogical approach challenges students’ understanding through theoretical and real-life situations. Clear, balanced presentation enables students to understand the overarching structure, organization, and impact of tort law. Lively mix of problems, cases, excerpts, notes and questions. Comprehensive, process-oriented approach appropriate for basic, advanced, or year-long law school torts courses. Compelling presentation from multiple scholarly and interdisciplinary perspectives. Sensitive treatment of tort law’s implications for race, sex, and gender equity.

Author: Marshall S. Shapo
Publisher: West Academic Publishing
ISBN:
Category : Law
Languages : en
Pages : 518

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Book Description
Clear and concise summary on the rules courts use to solve questions. To enhance understanding, this text explains the reasoning and policies underlying the rules. Professor Shapo selects colorful examples from an enormous variety of cases he has studied and relates the principles of law to understandable real-life situations.

Author: Emily Lynch Morissette
Publisher: Aspen Publishing
ISBN: 1543822371
Category : Law
Languages : en
Pages : 697

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Book Description
Personal Injury and the Law of Torts for Paralegals, Fifth Edition, balances complete coverage of substantive torts topics with essential paralegal skills. Emily Lynch Morissette provides consistently clear writing and realistic examples that convey a working understanding of the role of the paralegal in tort cases. Teaching basic torts and skill development, the text features a logical organization, introducing substantive topics with an overview of the concepts then moving through each element of negligence, followed by medical malpractice as a type of negligence, intentional torts, and workers’ compensation. New to the Fifth Edition: New examples throughout the text Additional exercises in every chapter New section in introductory chapter on how torts relates to other areas of the law Expanded coverage of emerging topics, such as Role of insurance companies in medical damages Caps on punitive damages Kim v. Toyota Motor Corp. (2018) and its effect on the risk-benefit test Professors and students will benefit from: A wealth of clear and accessible examples Fact-based exercises that use real-life scenarios Integrated treatment of ethics Practice-based topics on medical record discovery, tort discovery, and litigation A consistent emphasis on medical information related to personal injury, such as how to obtain and understand medical records, including an introduction to medicine in the appendix. Helpful pedagogy, including chapter objectives, marginal definitions, visual aids, case summaries, chapter summaries, and review questions