Download or read book Individual Justice in Mass Tort Litigation written by Jack B. Weinstein and published by Northwestern University Press. This book was released on 1995 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Mass Tort Litigation written by Linda S. Mullenix and published by West Academic Publishing. This book was released on 2008 with total page 1564 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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 Mass Justice written by Mark A. Peterson and published by . This book was released on 1991 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Mass Torts in the United States written by Courtney Ward-Reichard and published by . This book was released on 2021-09-07 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: A useful guide for attorneys of all levels of experience to most phases of mass tort cases.
Download or read book Report on Mass Tort Litigation written by Paul V. Niemeyer and published by . This book was released on 1999-10-01 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Mass Torts in a World of Settlement written by Richard A. Nagareda and published by University of Chicago Press. This book was released on 2008-09-15 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Mass Torts in Europe written by Willem H. van Boom and published by Walter de Gruyter GmbH & Co KG. This book was released on 2014-10-14 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Real World of Tort Litigation written by Deborah R. Hensler and published by . This book was released on 1998 with total page 38 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Mass Torts and Class Action Lawsuits written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts and Intellectual Property and published by . This book was released on 2000 with total page 172 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 Claims Resolution Facilities and the Mass Settlement of Mass Torts written by and published by . This book was released on 1990 with total page 236 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 Resolving Mass Toxic Torts written by Deborah R. Hensler and published by . This book was released on 1989 with total page 32 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 Agent Orange on Trial written by Peter H. Schuck and published by Harvard University Press. This book was released on 1987 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: Agent Orange on Trial is a riveting legal drama with all the suspense of a courtroom thriller. One of the Vietnam War's farthest reaching legacies was the Agent Orange case. In this unprecedented personal injury class action, veterans charge that a valuable herbicide, indiscriminately sprayed on the luxuriant Vietnam jungle a generation ago, has now caused cancers, birth defects, and other devastating health problems. Peter Schuck brilliantly recounts the gigantic confrontation between two million ex-soldiers, the chemical industry, and the federal government. From the first stirrings of the lawyers in 1978 to the court plan in 1985 for distributing a record $200 million settlement, the case, which is now on appeal, has extended the frontiers of our legal system in all directions. In a book that is as much about innovative ways to look at the law as it is about the social problems arising from modern science, Schuck restages a sprawling, complex drama. The players include dedicated but quarrelsome veterans, a crusading litigator, class action organizers, flamboyant trial lawyers, astute court negotiators, and two federal judges with strikingly different judicial styles. High idealism, self-promotion, Byzantine legal strategies, and judicial creativity combine in a fascinating portrait of a human struggle for justice through law. The Agent Orange case is the most perplexing and revealing example until now of a new legal genre: the mass toxic tort. Such cases, because of their scale, cost, geographical and temporal dispersion, and causal uncertainty, present extraordinarily difficult challenges to our legal system. They demand new approaches to procedure, evidence, and the definition of substantive legal rights and obligations, as well as new roles for judges, juries, and regulatory agencies. Schuck argues that our legal system must be redesigned if it is to deal effectively with the increasing number of chemical disasters such as the Bhopal accident, ionizing radiation, asbestos, DES, and seepage of toxic wastes. He imaginatively reveals the clash between our desire for simple justice and the technical demands of a complex legal system.
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.
