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Author : Richard A. Nagareda Publisher : University of Chicago Press Page : 348 pages File Size : 43,5 Mb Release : 2008-09-15 Category : Law ISBN : 9780226567624
Mass Torts in a World of Settlement by Richard A. Nagareda Pdf
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.
Individual Justice in Mass Tort Litigation by Jack B. Weinstein Pdf
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.
"Mass tort litigation against the gun industry, with its practical weaknesses, successes, and goals, provides the framework for this collection of thoughtful essays by leading social scientists, lawyers, and academics. . . . These informed analyses reveal the complexities that make the debate so difficult to resolve. . . . Suing the Gun Industry masterfully reveals the many details contributing to the intractability of the gun debate." -New York Law Journal "Second Amendment advocate or gun-control fanatic, all Americans who care about freedom need to read Suing the Gun Industry." -Bob Barr, Member of Congress, 1995-2003, and Twenty-First Century Liberties Chair for Freedom and Privacy, American Conservative Union "The source for anyone interested in a balanced analysis of the lawsuits against the gun industry." -David Hemenway, Professor of Health Policy & Director, Harvard Injury Control Research Center Harvard School of Public Health Health Policy and Management Department, author of Private Guns, Public Health "Highly readable, comprehensive, well-balanced. It contains everything you need to know, and on all sides, about the wave of lawsuits against U.S. gun manufacturers." -James B. Jacobs, Warren E. Burger Professor of Law and author of Can Gun Control Work? "In Suing the Gun Industry, Timothy Lytton has assembled some of the leading scholars and advocates, both pro and con, to analyze this fascinating effort to circumvent the well-known political obstacles to more effective gun control. This fine book offers a briefing on both the substance and the legal process of this wave of lawsuits, together with a better understanding of the future prospects for this type of litigation vis-à-vis other industries." -Philip J. Cook, Duke University "An interesting collection, generally representing the center of the gun-control debate, with considerable variation in focus, objectivity, and political realism." -Paul Blackman, retired pro-gun criminologist and advocate Gun litigation deserves a closer look amid the lessons learned from decades of legal action against the makers of asbestos, Agent Orange, silicone breast implants, and tobacco products, among others. Suing the Gun Industry collects the diverse and often conflicting opinions of an outstanding cast of specialists in law, public health, public policy, and criminology and distills them into a complete picture of the intricacies of gun litigation and its repercussions for gun control. Using multiple perspectives, Suing the Gun Industry scrutinizes legal action against the gun industry. Such a broad approach highlights the role of this litigation within two larger controversies: one over government efforts to reduce gun violence, and the other over the use of mass torts to regulate unpopular industries. Readers will find Suing the Gun Industry a timely and accessible picture of these complex and controversial issues. Contributors: Tom Baker Donald Braman Brannon P. Denning Tom Diaz Howard M. Erichson Thomas O. Farrish Shannon Frattaroli John Gastil Dan M. Kahan Don B. Kates Timothy D. Lytton Julie Samia Mair Richard A. Nagareda Peter H. Schuck Stephen D. Sugarman Stephen Teret Wendy Wagner
Author : Willem H. van Boom,Gerhard Wagner Publisher : Walter de Gruyter GmbH & Co KG Page : 326 pages File Size : 50,9 Mb Release : 2014-10-14 Category : Law ISBN : 9783110349467
Mass Torts in Europe by Willem H. van Boom,Gerhard Wagner Pdf
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.
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.
The rise of multidistrict litigation -- The rise of meritless claims -- Framework for resolution -- Discovery and exchange of information -- Resolving common issues -- Resolving individual cases and case specific issues -- The bellwether process -- Settlement -- What can go wrong -- Proposals for reform -- Alternatives to multidistrict litigation.
A successful mass tort practice can take your law firm to the next level, generating more clients and revenue than ever expected. Yet, mass torts is an industry that is perceived as being closed to new attorneys. In his book Mass Tort Secrets: The Playbook for Growing Your Mass Tort Business, attorney and mass tort business practitioner, Terry Dunken, turns that notion on its head and provides readers with a step-by-step guide to hitting a home run in the mass tort field. By revealing secrets of the industry, Mass Tort Secrets creates a level playing field where everyone can win.Mass Tort Secrets provides a strategy for building a mass tort law firm. From strategic planning to building your budget, and beyond, Mass Tort Secrets gives lawyers an in-depth practical guide to the business side of mass torts. Whether new to the game or a seasoned pro, Mass Tort Secrets is a must-read for everyone in the mass tort industry.
#1 NEW YORK TIMES BESTSELLER • The office of the public defender is not known as a training ground for bright young litigators. Clay Carter has been there too long and, like most of his colleagues, dreams of a better job in a real firm. When he reluctantly takes the case of a young man charged with a random street killing, he assumes it is just another of the many senseless murders that hit D.C. every week. As he digs into the background of his client, Clay stumbles on a conspiracy too horrible to believe. He suddenly finds himself in the middle of a complex case against one of the largest pharmaceutical companies in the world, looking at the kind of enormous settlement that would totally change his life—that would make him, almost overnight, the legal profession’s newest king of torts... Don’t miss John Grisham’s new book, THE EXCHANGE: AFTER THE FIRM, coming soon!
Tort Liability Under Uncertainty by Ariel Porat,Alex Stein Pdf
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.
Author : Willem H. van Boom,Gerhard Wagner Publisher : Walter de Gruyter GmbH & Co KG Page : 282 pages File Size : 42,8 Mb Release : 2014-10-14 Category : Law ISBN : 9783110386516
Mass Torts in Europe by Willem H. van Boom,Gerhard Wagner Pdf
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.
Recognizing Wrongs by John C. P. Goldberg,Benjamin C. Zipursky Pdf
"Recognizing Wrongs is about tort law, also commonly known as "personal injury law." The book's central thesis is that tort law fulfills a basic obligation that government owes to each of us: to provide law that defines and proscribes a special class of wrongs - wrongs that involve one person mistreating another - and to provide a means for victims of such wrongs to obtain redress from those who have wronged them. This book aims to recover the traditional understanding of tort law by helping readers to recognize what it is all about. It does so by offering a systematic statement of a theory now known in academic circles as "civil recourse theory." In providing a comprehensive statement of that theory, the book aims to unseat both the leading philosophical theory of tort law - corrective justice theory, as put forward by Jules Coleman, John Gardner, Arthur Ripstein, Ernest Weinrib, and others - as well as the economic approach favored by scholars such as Guido Calabresi and Richard Posner"--