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Author: Deborah R. Hensler Publisher: Rand Corporation ISBN: 9780833008343 Category : Law Languages : en Pages : 34
Book Description
This Special Report from The RAND Corporation's Institute for Civil Justice (ICJ) draws on seven years of ICJ research to consider three issues at the heart of the recent debate on trends in tort litigation: (1) how much litigation there is; (2) whether jury awards are stable or out of control; and (3) how much litigation costs and who gets the money. The research suggests that discrepancies among the statistics on tort litigation can be explained by the fact that there is no longer, if there ever was, a single tort system. Instead, there are at least three types of tort litigation, each with its own class of litigants, attorneys, and legal dynamics. The three types of torts are routine personal injury torts (e.g., auto suits), high-stakes personal injury torts (e.g., product liability, malpractice, and business suits), and mass latent injury cases (e.g., asbestos litigation). Each of these areas is characterized by a different litigation growth rate, jury verdict trend, and cost profile, and treating them together--as is done whenever overall statistics for tort litigation are reported--produces a distorted picture.
Author: Deborah R. Hensler Publisher: Rand Corporation ISBN: 9780833008343 Category : Law Languages : en Pages : 34
Book Description
This Special Report from The RAND Corporation's Institute for Civil Justice (ICJ) draws on seven years of ICJ research to consider three issues at the heart of the recent debate on trends in tort litigation: (1) how much litigation there is; (2) whether jury awards are stable or out of control; and (3) how much litigation costs and who gets the money. The research suggests that discrepancies among the statistics on tort litigation can be explained by the fact that there is no longer, if there ever was, a single tort system. Instead, there are at least three types of tort litigation, each with its own class of litigants, attorneys, and legal dynamics. The three types of torts are routine personal injury torts (e.g., auto suits), high-stakes personal injury torts (e.g., product liability, malpractice, and business suits), and mass latent injury cases (e.g., asbestos litigation). Each of these areas is characterized by a different litigation growth rate, jury verdict trend, and cost profile, and treating them together--as is done whenever overall statistics for tort litigation are reported--produces a distorted picture.
Author: Richard A. Epstein Publisher: Aspen Publishing ISBN: 1543820905 Category : Law Languages : en Pages : 1706
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: David Engel Publisher: Stanford University Press ISBN: 0804756139 Category : Law Languages : en Pages : 402
Book Description
This pioneering collection examines tort law as a cultural phenomenon, drawing on the theories and methods of law, sociology, political science, and anthropology and comparative cases across the United States, Europe, and Asia.
Author: Ewoud Hondius Publisher: Springer ISBN: Category : Law Languages : en Pages : 328
Book Description
This work contains the proceedings of the Second Conference on Dutch-Japanese Law, which took place at the University of Utrecht in August 1996. The doctrine of tort law was chosen as the central theme for this Conference. A comparison with the Japanese legal system provides interesting insights in this particular issue, because the Japanese system is of a dualistic nature. Besides being based on a strong legalistic tradition, there is also the widespread tradition of socially accepted custom. By studying the development of the law in both Japan and the Netherlands existing links are strengthened and new contacts between Dutch and Japanese academic lawyers are established.
Author: D. Alan Rudlin Publisher: American Bar Association ISBN: 9781590317341 Category : Law Languages : en Pages : 518
Book Description
Trying a toxic tort case is unlike other high-stakes litigation. This guide explores the legal elements that distinguish toxic tort litigation, explaining theories of liability and damages as well as procedural and substantive defenses. Chapters cover scientific and medical evidence, causation, trial management and strategy, settlement, and specialized litigation, including mold, lead, asbestos, silica, food products, pharmaceuticals, and MTBE.
Author: Daller, Daller Publisher: Wolters Kluwer Law & Business ISBN: 1543837735 Category : Languages : en Pages : 1426
Book Description
Tort Law Desk Reference Whether you are confronted with multi-state tort litigation, have the opportunity to litigate a tort case in one of several states, or must initiate or defend a case in an unfamiliar jurisdiction, Tort Law Desk Reference quickly gives you the information you need about the tort laws of each state. With succinct summaries of laws and citations to controlling statutes and case law, this indispensable guidebook answers vital questions about each state's tort laws, such as: Is the claim or lawsuit barred in the jurisdiction where it was filed? Does a "no-fault" statute limit the right to recovery? Do joint liability provisions require a minimally liable defendant to pay the entire judgment? If there is no breach of contract or breach of warranty claim, is a fraud and misrepresentation claim viable? Under what circumstances can a trespasser recover against a property owner? And much more You'll be able to quickly determine available causes of action, realistic defenses, and permissible damages...and you'll have at your fingertips current and leading citations necessary for more detailed research of specific issues. No other resource simplifies the process for making critical tort litigation choices like Tort Law Desk Reference. It's the only single volume book that expertly digests the many significant provisions of every state's tort law in a clearly organized and uniform format. State-by-state, you get up-to-date coverage of statutes and case law covering "No-fault" limitations The standard for negligence Causation Res ipsa loquitur and ultra-hazardous activities Negligence per se Indemnity Bar of workers' compensation statute Premises liability Dram shop liability Economic loss Fraud and misrepresentation Wrongful death Attorney's fees State Laws Included: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming.
Author: M. P. Furmston Publisher: Bloomsbury Academic ISBN: Category : Law Languages : en Pages : 312
Book Description
This contains the views and opinions of scholars from all over the world on the policies and trends in liability for damage to property and economic loss. Topics include the debate on economics and law , the relationship between contract and tort law, characterization and the context and problems of economic loss in American tort law, and more.
Author: Richard A. Nagareda Publisher: University of Chicago Press ISBN: 0226567621 Category : Law Languages : en Pages : 348
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: Deborah R. Hensler
Author: Deborah R. Hensler
Author: Richard A. Epstein
Author: Deborah R. Hensler
Author: David Engel
Author: Ewoud Hondius
Author: D. Alan Rudlin
Author: Daller, Daller
Author: M. P. Furmston
Author: 
Author: Richard A. Nagareda