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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: 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: 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: Brian T. Fitzpatrick Publisher: University of Chicago Press ISBN: 022665933X Category : Law Languages : en Pages : 283
Book Description
Since the 1960s, the class action lawsuit has been a powerful tool for holding businesses accountable. Yet years of attacks by corporate America and unfavorable rulings by the Supreme Court have left its future uncertain. In this book, Brian T. Fitzpatrick makes the case for the importance of class action litigation from a surprising political perspective: an unabashedly conservative point of view. Conservatives have opposed class actions in recent years, but Fitzpatrick argues that they should see such litigation not as a danger to the economy, but as a form of private enforcement of the law. He starts from the premise that all of us, conservatives and libertarians included, believe that markets need at least some rules to thrive, from laws that enforce contracts to laws that prevent companies from committing fraud. He also reminds us that conservatives consider the private sector to be superior to the government in most areas. And the relatively little-discussed intersection of those two beliefs is where the benefits of class action lawsuits become clear: when corporations commit misdeeds, class action lawsuits enlist the private sector to intervene, resulting in a smaller role for the government, lower taxes, and, ultimately, more effective solutions. Offering a novel argument that will surprise partisans on all sides, The Conservative Case for Class Actions is sure to breathe new life into this long-running debate.
Author: John C. Coffee Publisher: Harvard University Press ISBN: 0674736796 Category : History Languages : en Pages : 318
Book Description
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: 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: Arthur F. Foerster Publisher: American Bar Association ISBN: 9781627221276 Category : Law Languages : en Pages : 0
Book Description
Trying a toxic tort case is very different from other high-stakes litigation. This practice-focused guide explores the specific and often unique elements that distinguish this type of litigation, including the differing theories of liability and damages and the key procedural and substantive defenses to toxic tort claims. Other topics include scientific and medical evidence and causation, case strategy, trial management, settlement considerations, and causation standards that apply in four regions of the country, reviewing the standards that apply in every state.
Author: Walter K. Olson Publisher: Macmillan ISBN: 9780312331191 Category : Law Languages : en Pages : 388
Book Description
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: Elizabeth Chamblee Burch
Author: Elizabeth Chamblee Burch
Author: Richard A. Nagareda
Author: Brian T. Fitzpatrick
Author: Courtney Ward-Reichard
Author: John C. Coffee
Author: Jack B. Weinstein
Author: S. Elizabeth Gibson
Author: S. Elizabeth Gibson
Author: Arthur F. Foerster
Author: Walter K. Olson