Download or read book Bankruptcy s Effect on Product Identification in Asbestos Personal Injury Cases written by Lloyd S. Dixon and published by Rand Corporation. This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "One of the most significant developments in asbestos litigation in the past 15 years is the rising rate of bankruptcy among asbestos defendants. More than 100 companies have filed for bankruptcy at least in part because of asbestos lawsuits. As a result, contemporary asbestos ligation now involves both tort suits against solvent defendants and claims for compensation filed with the specially created asbestos bankruptcy trusts. The outcome of an asbestos lawsuit crucially depends on whether litigants in the tort case introduce evidence of exposure to the products of bankrupt parties. If some of these exposures are not identified, more fault can be assigned to the remaining solvent defendants. These defendants are thus likely to end up paying more when such evidence is not developed than when it is. Plaintiffs might also receive more in compensation from the courts and trusts combined if fault is not allocated to the bankrupt parties. This analysis provides empirical evidence that bankruptcy reduces the likelihood that interrogatories and depositions will identify exposure to the asbestos-containing products of the bankrupt parties. It also presents plaintiff and defense perspectives on whether the findings are a cause for concern and what, if anything, should be done in response."--Back cover.

Download or read book Asbestos Bankruptcy Trusts written by Lloyd S. Dixon and published by RAND Corporation. This book was released on 2010 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report describes the creation, organization, and operation of asbestos personal-injury trusts and compiles publicly available information on the assets, outlays, and governing boards of the 26 largest trusts. The authors find that the publicly available information provides a rich source of information on trust activity but that more detailed information is needed to determine their impact on important compensation outcomes.

Download or read book Asbestos Bankruptcy Trusts and Tort Compensation written by Lloyd Dixon and published by RAND Corporation. This book was released on 2011-08-09 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Asbestos bankruptcy trusts play an important role in compensating asbestos injuries. This monograph examines how state tort laws address compensation paid by trusts and the evidence submitted in trust claim forms, how court proceedings take this evidence and compensation into account, and how the establishment of the trusts potentially affects compensation.

Download or read book Asbestos Litigation written by Stephen J. Carroll and published by Rand Corporation. This book was released on 2005-07-07 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: Asbestos litigation is the longest-running mass tort litigation in U.S. history. Through 2002, approximately 730,000 individuals have brought claims against some 8,400 business entities, and defendants and insurers have spent a total of $70 billion on litigation. Building on previous RAND briefings, the authors report on what happened to those who have claimed injury from asbestos, what happened to the defendants in those cases, and how lawyers and judges have managed the cases.

Download or read book Dangerous Products Liability and Bankruptcy written by Kristin Roti Jones and published by . This book was released on 2006 with total page 159 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Judicial Management of Mass Tort Bankruptcy Cases written by S. Elizabeth Gibson and published by . This book was released on 2005 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Fairness in Asbestos Injury Resolution Act of 2003 written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 2003 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Case Studies of Mass Tort Limited Fund Class Action Settlements Bankruptcy Reorganizations written by S. Elizabeth Gibson and published by . This book was released on 2000 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Asbestos Litigation Crisis written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 2003 with total page 474 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Punitive Damages written by Cass R. Sunstein and published by University of Chicago Press. This book was released on 2008-12-19 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past two decades, the United States has seen a dramatic increase in the number and magnitude of punitive damages verdicts rendered by juries in civil trials. Probably the most extraordinary example is the July 2000 award of $144.8 billion in the Florida class action lawsuit brought against cigarette manufacturers. Or consider two recent verdicts against the auto manufacturer BMW in Alabama. In identical cases, argued in the same court before the same judge, one jury awarded $4 million in punitive damages, while the other awarded no punitive damages at all. In cases involving accidents, civil rights, and the environment, multimillion-dollar punitive awards have been a subject of intense controversy. But how do juries actually make decisions about punitive damages? To find out, the authors-experts in psychology, economics, and the law-present the results of controlled experiments with more than 600 mock juries involving the responses of more than 8,000 jury-eligible citizens. Although juries tended to agree in their moral judgments about the defendant's conduct, they rendered erratic and unpredictable dollar awards. The experiments also showed that instead of moderating juror verdicts, the process of jury deliberation produced a striking "severity shift" toward ever-higher awards. Jurors also tended to ignore instructions from the judges; were influenced by whatever amount the plaintiff happened to request; showed "hindsight bias," believing that what happened should have been foreseen; and penalized corporations that had based their decisions on careful cost-benefit analyses. While judges made many of the same errors, they performed better in some areas, suggesting that judges (or other specialists) may be better equipped than juries to decide punitive damages. Using a wealth of new experimental data, and offering a host of provocative findings, this book documents a wide range of systematic biases in jury behavior. It will be indispensable for anyone interested not only in punitive damages, but also jury behavior, psychology, and how people think about punishment.

Download or read book Indemnity and Contribution written by Jay Tidmarsh and published by . This book was released on 1986 with total page 110 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 Asbestos written by Barry I. Castleman and published by Wolters Kluwer. This book was released on 2005-01-01 with total page 918 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by one of the leading asbestos experts for attorneys, occupational and environmental health professionals, and others in the field of toxic substances control, this updated resource provides a comprehensive examination of the public health history of asbestos. Includes extensive discussion of corporate knowledge and responsibility for asbestos hazards and detailed discussion of alternatives to asbestos.

Download or read book Freedom of Information Act Guide written by and published by . This book was released on 2007 with total page 1146 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book S 582 a fair and efficient system to resolve claims of victims for bodily injury caused by asbestos exposure and for other purposes written by and published by DIANE Publishing. This book was released on with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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 Review of Civil Litigation Costs written by Great Britain. Ministry of Justice and published by The Stationery Office. This book was released on 2010 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: In January 2009, the then Master of the Rolls, Sir Anthony Clarke, appointed Lord Justice Jackson to lead a fundamental review of the rules and principles governing the costs of civil litigation. This report intends to establish how the costs rules operate and how they impact on the behavior of both parties and lawyers.