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Author: Jack B. Weinstein Publisher: Northwestern University Press ISBN: 9780810111882 Category : Class actions (Civil procedure) Languages : en Pages : 406
Book Description
Documenting a prominent jurist's efforts, a collection of case studies examines his successes with Vietnam veteran exposure to Agent Orange, asbestos, and DES and repetitive stress syndrome, describes current legal attitudes, and recommends compassionate alternatives.
Author: Jack B. Weinstein Publisher: Northwestern University Press ISBN: 9780810111882 Category : Class actions (Civil procedure) Languages : en Pages : 406
Book Description
Documenting a prominent jurist's efforts, a collection of case studies examines his successes with Vietnam veteran exposure to Agent Orange, asbestos, and DES and repetitive stress syndrome, describes current legal attitudes, and recommends compassionate alternatives.
Author: Linda S. Mullenix Publisher: West Academic Publishing ISBN: Category : Law Languages : en Pages : 1564
Book Description
Mullenix's Mass Tort Litigation: Cases and Materials reflects two concepts: First, that the seminal, core cases and materials relating to mass tort litigation still remain viable precedents after 25 years. Second, that courts are still struggling to find solutions to the resolution of this complex litigation. In addition to the seminal cases relating to Agent Orange, Dalkon Shield, DES, and asbestos litigation, the casebook is updated with materials relating to breast implants, tobacco, medical devices, and pharmaceutical litigation. The updated casebook is suitable for advanced courses in tort litigation, complex procedure, class action litigation, and dispute resolution offerings.
Author: Elizabeth Chamblee Burch Publisher: Cambridge University Press ISBN: 1108416977 Category : Business & Economics Languages : en Pages : 293
Book Description
Presenting twenty-two years of multidistrict litigation data, this book exposes a systematic lack of checks and balances in our courts.
Author: Mark A. Peterson Publisher: ISBN: Category : Actions and defenses Languages : en Pages : 247
Book Description
The proliferation of mass litigation, in which many plaintiffs sue a common defendant or defendants, for injuries from the same accident, or from exposure to the same product or substance, reflects the increasingly collective nature of life in the second half of the twentieth century. This article, reprinted from Law and Contemporary Problems, examines the impact of aggregative procedures on mass tort litigation. It draws on a series of case studies of seventeen mass tort litigations that vary across important dimensions such as: (1) the type of formal and informal aggregative procedure used, (2) the type of product, exposure or incident that generated the litigation, (3) the types of injuries that resulted, and (4) the geographical scope of the litigation and of the aggregative procedure. The authors focus on the role of courts in mass tort litigation. They first describe courts' interests in such cases and then consider the power that courts have to aggregate claims, describing limits on that power and the flexibility that courts have to get around limits. Finally, they examine how courts' interests in resolving mass tort litigation interfere with judicial promulgation and consistent application of legal rules. The characteristics of mass litigation have often forced courts far from the ideal that they carefully and fairly consider the merits of each case, balance the interests of parties, and articulate and apply rules for society. The traditional legal process cannot determine the individual merits of tens or hundreds of thousands of claims against scores of defendants. Courts have no special expertise in balancing the interests of present and future claimants, a tradeoff that is present in every mass tort involving latent injuries. Finally, when faced with mass torts, courts are not simply disinterested administrators of justice. Rather, the extraordinary burdens of mass litigation make them deeply interested participants. Even though judicial concerns are both worthy and reasonable, we must still be concerned about how courts balance their own interests against the interests of others as they wield their enormous power to shape mass tort cases. The courts' interests might compromise the essential judicial duties to articulate sensible legal rules and to apply those rules in a consistent manner.
Author: Paul V. Niemeyer Publisher: ISBN: 9780756705039 Category : Languages : en Pages : 72
Book Description
The Report of the Advisory Committee on Civil Rules and the Working Group on Mass Torts to the Chief Justice of the U.S. and to the Judicial Conference of the U.S. Chapters include: letter of transmittal to the Chief Justice; introduction; summary; the mass torts phenomenon; discrete problems of mass torts; potential solutions for consideration; and protocols for further action. The extensive appendices are available in a separate volume.
Author: Willem H. van Boom Publisher: Walter de Gruyter GmbH & Co KG ISBN: 3110386518 Category : Law Languages : en Pages : 282
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: 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: Judicial Conference of the United States. Working Group on Mass Torts Publisher: ISBN: Category : Class actions (Civil procedure) Languages : en Pages : 828
Author: Jack B. Weinstein
Author: Jack B. Weinstein
Author: Linda S. Mullenix
Author: Elizabeth Chamblee Burch
Author: Mark A. Peterson
Author: Paul V. Niemeyer
Author: Willem H. van Boom
Author: Richard A. Nagareda
Author: Courtney Ward-Reichard
Author: Deborah R. Hensler
Author: Judicial Conference of the United States. Working Group on Mass Torts