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 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 Torts in the United States written by and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book An Administrative Approach to the Resolution of Mass Torts written by Douglas G. Smith and published by . This book was released on 2009 with total page 17 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article contains a review of Professor Richard Nagareda's recent book, Mass Torts in a World of Settlement. Nagareda's premise is that parties have moved away from litigation and toward procedures that are more administrative in nature to resolve mass tort claims and that this move should be facilitated by putting in place a more formal structure to provide an administrative or regulatory solution. However, it is not clear that Nagareda's approach will be feasible in practice. Nor is it clear that it will provide a comprehensive solution to the problems plaguing mass tort litigation. More fundamentally, there are particular aspects of traditional litigation-based resolution of mass tort claims that are important and should not be abandoned. Much of the dysfunction with respect to mass tort claims resolution may be traced to a failure to implement litigation-based procedures, as opposed to being a result of such procedures. Accordingly, a strong case can be made that the traditional litigation-based paradigm should not be abandoned, but rather fortified.
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 Mass Tort Settlement Class Actions written by Jay Tidmarsh and published by . This book was released on 1998 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt: The future of aggregation is uncertain. Recent cases have established limits on class actions as devised for national resolution of mass tort claims. In the evolving world of mass tort litigation, once thing is for certain: lawyers and judges have to ensure that the resolution of these cases is fair to the individual litigants on both sides. For that reason, the analysis of the five settlement class action cases contained herein will continue to be relevant to mass tort litigation - and to other class-action litigation - no matter what twists and turns the ongoing debate may take. Through analysis of five mass tort cases, this monograph explores such questions as: Should discovery be allowed into arguably secret settlement negotiations when the negotiations represent tens of thousands, or even millions of individuals? Should judges conduct proceedings in the nature of trials to review the merits of the proposed settlement? Who should get what kind of notice at whose expense? How should judges assess the adequacy of class representatives and counsel?
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 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 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 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 Podium written by Linda S. Mullenix and published by . This book was released on 2013 with total page 3 pages. Available in PDF, EPUB and Kindle. Book excerpt: Commentary and analysis of the Supreme Court's opportunity to grant certiorari review in Amchem Prods. Inc. v. Windsor, to decide issues relating to settlement classes in the underlying Georgine nationwide asbestos futures settlement class. The article places the Georgine settlement in the context of two decades of mass tort litigation, including cases such as Agent Orange, Bendectin, DES, Dalkon Shield, tainted blood products, heart valves, silicone breast implants, lead paint, and tobacco products. Federal courts have struggled with mass tort cases for more than twenty-five years and have experimented with almost every procedural means for aggregating and resolving mass torts. Federal courts disagree on how torts may be resolved in the aggregate; on the suitability of Federal Rules 23 or 42 for adjudicating mass torts, standrads for class certification, and most prominently, the standards for settlement classes. In addition, courts disagree about the due process requirements for mandatory classes, the ability to aggregate damages, and the propriety of polyfurcated trial plans. The appeal in Amchem offers the Court the opportunity to clarify doctrine surrounding many of these issues.
Download or read book A Lawyer s Guide to Mass Torts written by Jacob Malherbe and published by Advantage Media Group. This book was released on 2021-11-09 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive collection of business advice, technological guidance, and practical instruction on how to find success in the world of mass torts is, quite simply, unlike any other mass tort book available today. It compiles--in one single, easily digestible volume--a comprehensive array of wisdom from the most successful lawyers in the field as well as targeted advice from bleeding-edge technologists, financiers, and industry thought leaders. The result is a one-of-a-kind road map for growth, which will help lawyers in other fields confidently migrate into mass torts while improving the business operations of those already working in the field. Its central aim is to help readers achieve three goals: Attain personal and financial success in mass torts. Establish one's own enduring legacy in a rapidly changing field. And most importantly, help victims who have been wronged by corporate negligence find equitable justice under the law. Its development has been conceived, spearheaded, and overseen by Jacob Malherbe, the founder and CEO of X Social Media, an influential Inc. 500 company that has revolutionized how mass tort lawyers can use Facebook, social media, and digital TV services to find and sign clients. In recent years, his efforts and advertising platform have helped lawyers find potential new clients at an unprecedented clip while driving down the cost of conversion rates at levels unthinkable even a few years ago. This compendium of knowledge aims to do something equally monumental: create an open-source opportunity for some of the brightest and most ambitious minds in the industry to join the fight in helping everyday victims who need legal assistance the very most. Join us on a carefully curated journey into the history, practice, and future of mass torts.
Download or read book A Civil Action written by Jonathan Harr and published by Vintage. This book was released on 2011-08-10 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: #1 NATIONAL BESTSELLER • NATIONAL BOOK CRITICS CIRCLE AWARD WINNER • The true story of one man so determined to take down two of the nation's largest corporations accused of killing children from water contamination that he risks losing everything. "The legal thriller of the decade." —Cleveland Plain Dealer Described as “a page-turner filled with greed, duplicity, heartache, and bare-knuckle legal brinksmanship" by The New York Times, A Civil Action is the searing, compelling tale of a legal system gone awry—one in which greed and power fight an unending struggle against justice. Yet it is also the story of how one man can ultimately make a difference. Representing the bereaved parents, the unlikeliest of heroes emerges: a young, flamboyant Porsche-driving lawyer who hopes to win millions of dollars and ends up nearly losing everything, including his sanity. With an unstoppable narrative power reminiscent of Truman Capote’s In Cold Blood, A Civil Action is an unforgettable reading experience that will leave the reader both shocked and enlightened. A Civil Action was made into a movie starring John Travolta and Robert Duvall.
Download or read book The Monsanto Papers written by Carey Gillam and published by Island Press. This book was released on 2021-03-02 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lee Johnson was a man with simple dreams. All he wanted was a steady job and a nice home for his wife and children, something better than the hard life he knew growing up. He never imagined that he would become the face of a David-and-Goliath showdown against one of the world’s most powerful corporate giants. But a workplace accident left Lee doused in a toxic chemical and facing a deadly cancer that turned his life upside down. In 2018, the world watched as Lee was thrust to the forefront of one the most dramatic legal battles in recent history. The Monsanto Papers is the inside story of Lee Johnson’s landmark lawsuit against Monsanto. For Lee, the case was a race against the clock, with doctors predicting he wouldn’t survive long enough to take the witness stand. For the eclectic band of young, ambitious lawyers representing him, it was a matter of professional pride and personal risk, with millions of dollars and hard-earned reputations on the line. For the public at large, the lawsuit presented a question of corporate accountability. With enough money and influence, could a company endanger its customers, hide evidence, manipulate regulators, and get away with it all—for decades? Readers will be astounded by the depth of corruption uncovered, captivated by the shocking twists, and moved by Lee’s quiet determination to see justice served. With gripping narrative force that reads like fiction, The Monsanto Papers takes readers behind the scenes of a grueling legal battle, pulling back the curtain on the frailties of the American court system and the lengths to which lawyers will go to fight corporate wrongdoing.
Download or read book Structured Settlements and Periodic Payment Judgments written by Daniel W. Hindert and published by Law Journal Press. This book was released on 2023-10-28 with total page 1914 pages. Available in PDF, EPUB and Kindle. Book excerpt: Structured Settlements and Periodic Payment Judgments is a complete reference work for attorneys, settlement planners, and insurance and annuity brokers
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 The King of Torts written by John Grisham and published by Vintage. This book was released on 2012-01-31 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: #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!
