Download or read book Aggregation on Defendants Terms written by Andrew Bradt and published by . This book was released on 2018 with total page 70 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although it is destined for the personal-jurisdiction canon, the Supreme Court's 8-1 decision in Bristol-Myers Squibb v. Superior Court does little to clarify that notoriously hazy doctrine. It does, however, significantly alter the balance of power in complex litigation. Bristol-Myers is a landmark because it makes both mass-tort class actions and mass joinders impracticable in almost any state courts outside of the defendant's home states. With federal courts already hostile toward class actions, if plaintiffs want to aggregate, they will have to do so on the defendant's terms: either on the defendant's home turf or in federal multidistrict litigation (MDL). Faced with this choice, we believe that most plaintiffs will turn to MDL. The result will be the culmination of a trend toward the federalization of mass-tort litigation in MDL, which has grown to make up an astonishing one-third of the federal docket. In this paper, we examine why Bristol-Myers will have this effect and explain how MDL's hybrid structure facilitates centralized mass-tort litigation in federal courts, even as the Court's restrictive view on personal jurisdiction prevents similar aggregation in state court. MDL cuts this Gordian knot by formally adhering to the vision of vertical and horizontal federalism underlying both diversity jurisdiction and Bristol-Myers, while also paradoxically undermining that vision in service of mass resolution. What will result is centralization of even more power over mass-tort litigation in the hands of the MDL judge and lead lawyers that judge selects to run the litigation -- a prospect that comes with both opportunities and risks.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book Guidelines Manual written by United States Sentencing Commission and published by . This book was released on 1988 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Aggregate Litigation written by and published by . This book was released on 2010 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Mass Tort Settlement Class Actions written by Jay Tidmarsh and published by . This book was released on 1998 with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Entrepreneurial Litigation written by John C. Coffee and published by Harvard University Press. This book was released on 2015-06-08 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Rights and Retrenchment written by Stephen B. Burbank and published by Cambridge University Press. This book was released on 2017-04-18 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: This groundbreaking book contributes to an emerging literature that examines responses to the rights revolution that unfolded in the United States during the 1960s and 1970s. Using original archival evidence and data, Stephen B. Burbank and Sean Farhang identify the origins of the counterrevolution against private enforcement of federal law in the first Reagan Administration. They then measure the counterrevolution's trajectory in the elected branches, court rulemaking, and the Supreme Court, evaluate its success in those different lawmaking sites, and test key elements of their argument. Finally, the authors leverage an institutional perspective to explain a striking variation in their results: although the counterrevolution largely failed in more democratic lawmaking sites, in a long series of cases little noticed by the public, an increasingly conservative and ideologically polarized Supreme Court has transformed federal law, making it less friendly, if not hostile, to the enforcement of rights through lawsuits.
Download or read book Manual for Complex Litigation Fourth written by and published by . This book was released on 2004 with total page 824 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Tort Liability Under Uncertainty written by Ariel Porat and published by Oxford University Press, USA. This book was released on 2001 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Proof of Causation in Tort Law written by Sandy Steel and published by Cambridge University Press. This book was released on 2015-09-11 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: A clear, critical analysis of proof of causation in the law of tort in England, France and Germany.
Download or read book Mass Tort Deals written by Elizabeth Chamblee Burch and published by Cambridge University Press. This book was released on 2019-05-16 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presenting twenty-two years of multidistrict litigation data, this book exposes a systematic lack of checks and balances in our courts.
Download or read book Civil Procedure written by Stephen N. Subrin and published by Aspen Publishing. This book was released on 2024-02-01 with total page 1792 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by respected scholars and experienced educators, this book showcases rules and doctrine of civil procedure at work in the practice of law. The book focuses on civil rights both to engage student’s by focusing on issues they care out and to illustrate the impact of procedure on real people’s experience with the legal system. The cases are framed in their historical and social context. Each chapter contains a well-written introduction, cases, and clear explanations of the doctrine, supported by readings highlighting the context of the case as well as review questions and comments which deepen students’ understanding and clarify key concepts, and offers more than forty well-crafted problems (both for class use and review), to help students solidify their understanding of the materials whether used in class or as out-of-class assignments. In-class exercises and simulations based on a sample case file are integrated throughout. Pleadings, memoranda, transcripts, exhibits, motions, and more – all taken from a real case – appear in the Appendix. Civil Procedure: Doctrine, Practice, and Context consistently emphasizes the skills and values of lawyering as it offers a consideration of social responsibility. New to the 7th Edition: The inclusion of more examples and problem sets to make the materials more accessible and the concepts more concrete The addition of more practice exercises, with a focus on one set of Case Files throughout the book, rather than the two that were used in prior editions With the removal of Warner v. City of New York case files (because most professors did not have time to use the Warner case files into their courses), issues that are unique to public law litigation are woven throughout the book with practice problems, examples, comments, and questions. This revision will make it easier for professors to incorporate these issues into the course. Professors and students will benefit from: Practice exercises allow students to learn by doing – integrating doctrine, practice, and context. These exercises can be covered in class or, instead, recommended as content for study groups. Topics that are especially hard to teach (like discovery) and those that require a lot of time to teach have been rewritten to respond to adopters’ requests. A case file involving a car accident that is both accessible to first year students and provides good teaching tools for procedure professors to show how a case is litigated from complaint through trial. Because the case file involves a relatively simple state court case, it provides an opportunity to compare state and federal procedural regimes. Review questions focus on student comprehension; broader critical questions are separated out in “questions to ponder” sections. Questions are answered in the teacher’s manual. Background material has been integrated to promote critical thinking and engage students with the latest debates over civil procedure. New practice problems promote engagement with cutting edge issues like Multidistrict Litigation. The authors are developing an online community for adopters – in addition to the teacher’s manual -- to help better facilitate the learning and teaching process for this book.
Download or read book Federal Preemption of State and Local Law written by James T. O'Reilly and published by American Bar Association. This book was released on 2006 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preemption is a doctrine of American constitutional law, under which states and local governments are deprived of their power to act in a given area, whether or not the state or local law, rule or action is in direct conflict with federal law. This book covers not only the basics of preemption but also focuses on such topics as federal mechanisms for agency preemption, implied forms of preemption, and defensive use of federal preemption in civil litigation.
Download or read book Federal Multidistrict Litigation in a Nutshell written by Robert H. Klonoff and published by West Academic Publishing. This book was released on 2019-11-28 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text is for students taking courses in complex litigation, advanced civil procedure, or mass torts. It is also designed as a concise book for members of the bench and bar who are handling multidistrict litigation cases. Its focus is on all aspects of federal multidistrict litigation (MDL), including statistics on MDL cases; comparisons with other aggregation devices (such as class actions); the decision of the Judicial Panel on Multidistrict Litigation (the Panel) to centralize cases (including the standards for centralization and the selection of the MDL district court and judge); appellate review of Panel decisions; tag-along cases; the role of the MDL transferee judge (including case management, designating lead lawyers and committees, deciding motions, conducting bellwether trials, overseeing settlements, and awarding attorneys' fees); choice-of-law issues in MDLs; personal jurisdiction and venue issues; remand of transferred cases; federal/state coordination (including state MDL statutes); and proposals for reform of MDL practice.
Download or read book Treatise on the Law of Private Corporations Aggregate written by Joseph Kinnicut Angell and published by . This book was released on 1858 with total page 1018 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Case for an International Court of Civil Justice written by Maya Steinitz and published by . This book was released on 2019 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: An International Court of Civil Justice would give victims of multinationals a day in court while offering corporate defendants a cheaper, fairer litigation alternative.
Download or read book A Treatise on the Law of Private Corporations Aggregate written by Joseph Kinnicut Angell and published by . This book was released on 1832 with total page 608 pages. Available in PDF, EPUB and Kindle. Book excerpt:
