Download or read book Perspectives on Asbestos Litigation written by and published by . This book was released on 2008 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Asbestos written by Barry I. Castleman and published by Aspen Publishers. This book was released on 1996 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive reference for attorneys involved in asbestos litigation includes a complete historical perspective of prior -- and ongoing -- litigation and covers the evolving knowledge of asbestos hazards, both in open literature and with particular attention To The main defendants in these cases. Asbestos: Medical and Legal Aspects equips the attorney preparing a case with crucial information, materials, and resources, including evaluations of the main defense arguments and analyses of unpublished records. The book covers in detail: asbestosis and cancer, compensability of asbestosis and cancer as occupational diseases, thresholds and standards used to determine safe or acceptable levels of asbestos exposure in the workplace, company knowledge of asbestos hazards, gleaned from countless depositions, company records, industry consultants, and trade associations.
Download or read book Asbestos Mass Product Liability Litigation in the U S and the Perspective in Japan written by Naoya Endo and published by . This book was released on 1983 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Dust Up written by Jeb Barnes and published by Georgetown University Press. This book was released on 2011-07-08 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an era of polarization, narrow party majorities, and increasing use of supermajority requirements in the Senate, policy entrepreneurs must find ways to reach across the aisle and build bipartisan coalitions in Congress. One such coalition-building strategy is the “politics of efficiency,” or reform that is aimed at eliminating waste from existing policies and programs. After all, reducing inefficiency promises to reduce costs without cutting benefits, which should appeal to members of both political parties, especially given tight budgetary constraints in Washington. Dust-Up explores the most recent congressional efforts to reform asbestos litigation—a case in which the politics of efficiency played a central role and seemed likely to prevail. Yet, these efforts failed to produce a winning coalition, even though reform could have saved billions of dollars and provided quicker compensation to victims of asbestos-related diseases. Why? The answers, as Jeb Barnes deftly illustrates, defy conventional wisdom and force us to rethink the political effects of litigation and the dynamics of institutional change in our fragmented policymaking system. Set squarely at the intersection of law, politics, and public policy, Dust-Up provides the first in-depth analysis of the political obstacles to Congress in replacing a form of litigation that nearly everyone—Supreme Court justices, members of Congress, presidents, and experts—agrees is woefully inefficient and unfair to both victims and businesses. This concise and accessible case study includes a glossary of terms and study questions, making it a perfect fit for courses in law and public policy, congressional politics, and public health.
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 Perspectives on Causation written by Richard Goldberg and published by Bloomsbury Publishing. This book was released on 2011-10-21 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt: The chapters in this volume arise from a conference held at the University of Aberdeen concerning the law of causation in the UK, Commonwealth countries, France and the USA. The distinguished group of international experts who have contributed to this book examine the ways in which legal doctrine in causation is developing, and how British law should seek to influence and be influenced by developments in other countries. As such, the book will serve as a focal point for the study of this important area of law. The book is organised around three themes - the black letter law, scientific evidence, and legal theory. In black letter law scholarship, major arguments have emerged about how legal doctrine will develop in cases involving indeterminate defendants and evidential gaps in causation. Various chapters examine the ways in which legal doctrine should develop over the next few years, in particular in England, Scotland, Canada and the USA, including the problem of causation in asbestos cases. In the area of scientific evidence, its role in the assessment of causation in civil litigation has never been greater. The extent to which such evidence can be admitted and used in causation disputes is controversial. This section of the book is therefore devoted to exploring the role of statistical evidence in resolving causation problems, including recent trends in litigation in the UK, USA, Australia and in France and the question of liability for future harm. In the legal theory area, the so-called NESS (necessary element in a sufficient set) test of causation is discussed and defended. The importance of tort law responding to developing science and observations from the perspective of precaution and indeterminate causation are also explored. The book will be of interest to legal academics, policy makers in the field, specialist legal practitioners, those in the pharmaceutical and bioscience sectors, physicians and scientists.
Download or read book Asbestos and Its Diseases written by John E. Craighead and published by Oxford University Press. This book was released on 2008-03-25 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although asbestos was once considered a miracle mineral, today even the word itself has ominous implications for all strata of our society. Incorporated in the past into over 3000 different industrial and consumer products, as well as in building materials and military equipment, opportunities for exposure continue to be ever present in our environment. Of all of us who are potentially exposed, blue collar workers are at greatest risk.Countless thousands of workers and servicemen in a wide variety of trades were disabled or have died consequent to the health effects of asbestos, and many more can be expected to be affected in years to come. Litigation continues, and financial awards in the billions have bankrupt many Fortune 500 companies and numerous smaller companies.While one might implicate our forefathers in this widespread, relentless medical catastrophe, it has been only in recent decades that science has appreciated the complexities of the problem and the long latencies before the asbestos-associated diseases appear clinically. After all these years, prevention remains the hallmark of disease control, as modern treatments remain, to a large extent, futile.
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 The Hollow Hope written by Gerald N. Rosenberg and published by University of Chicago Press. This book was released on 2008-09-15 with total page 541 pages. Available in PDF, EPUB and Kindle. Book excerpt: In follow-up studies, dozens of reviews, and even a book of essays evaluating his conclusions, Gerald Rosenberg’s critics—not to mention his supporters—have spent nearly two decades debating the arguments he first put forward in The Hollow Hope. With this substantially expanded second edition of his landmark work, Rosenberg himself steps back into the fray, responding to criticism and adding chapters on the same-sex marriage battle that ask anew whether courts can spur political and social reform. Finding that the answer is still a resounding no, Rosenberg reaffirms his powerful contention that it’s nearly impossible to generate significant reforms through litigation. The reason? American courts are ineffective and relatively weak—far from the uniquely powerful sources for change they’re often portrayed as. Rosenberg supports this claim by documenting the direct and secondary effects of key court decisions—particularly Brown v. Board of Education and Roe v. Wade. He reveals, for example, that Congress, the White House, and a determined civil rights movement did far more than Brown to advance desegregation, while pro-choice activists invested too much in Roe at the expense of political mobilization. Further illuminating these cases, as well as the ongoing fight for same-sex marriage rights, Rosenberg also marshals impressive evidence to overturn the common assumption that even unsuccessful litigation can advance a cause by raising its profile. Directly addressing its critics in a new conclusion, The Hollow Hope, Second Edition promises to reignite for a new generation the national debate it sparked seventeen years ago.
Download or read book A Practical Guide to Asbestos Claims written by JONATHAN. MCALOON OWEN (GARETH.) and published by . This book was released on 2020-10-22 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is for the busy and new practitioner who is building their experience and expertise in asbestos claims. It is not written from the perspective of one side or the other. It is intended to neutrally state the position of the law and procedure in relation to dealing with claims of asbestos-related injury and to give some honest, frank and practical guide in doing so. Invariably, asbestos litigation is complex and time-consuming, and as such it is hoped that this practical guide will be a readily available initial source of reference to assist the practitioner who needs to refresh themselves on a certain topic, or to assist the practitioner in providing a core grounding of the key issues likely to be encountered in their caseload. It has been our privilege to practice in this area of law and it is an even bigger privilege for us to share those experiences and points of understanding with those who read this book. We sincerely hope it provides the type of assistance, and to some degree, re-assurance, that we all need from time to time in our work in this area of litigation. ABOUT THE AUTHORS Jonathan Owen was called to the Bar by Inner Temple in 2004, having completed his undergraduate degree at Magdalen College, Oxford, and the Bar Vocational Course at Nottingham Law School. He is a tenant at Ropewalk Chambers, in Nottingham, where he has practised since completion of pupillage. He has a broad civil practice with a particular focus on personal injury and industrial disease work. Gareth McAloon was called to the Bar by Lincoln's Inn in 2010. He is a tenant at Ropewalk Chambers, in Nottingham. Gareth specialises in all aspects of personal injury work, predominantly on the Multi-Track. He is a specialist practitioner in all aspects of industrial disease claims including; asbestos claims, NIHL claims, HAVS claims and repetitive strain injuries. In addition, Gareth is instructed in inquests and clinical negligence claims. The high value nature and complexity of the cases he deals with means that he has regular contact with medical and engineering experts both in Court and in his case preparation.
Download or read book Asbestos Litigation Crisis in Federal and State Courts written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Intellectual Property and Judicial Administration and published by . This book was released on 1993 with total page 548 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Recognizing Wrongs written by John C. P. Goldberg and published by Harvard University Press. This book was released on 2020-02-04 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two preeminent legal scholars explain what tort law is all about and why it matters, and describe their own view of tort’s philosophical basis: civil recourse theory. Tort law is badly misunderstood. In the popular imagination, it is “Robin Hood” law. Law professors, meanwhile, mostly dismiss it as an archaic, inefficient way to compensate victims and incentivize safety precautions. In Recognizing Wrongs, John Goldberg and Benjamin Zipursky explain the distinctive and important role that tort law plays in our legal system: it defines injurious wrongs and provides victims with the power to respond to those wrongs civilly. Tort law rests on a basic and powerful ideal: a person who has been mistreated by another in a manner that the law forbids is entitled to an avenue of civil recourse against the wrongdoer. Through tort law, government fulfills its political obligation to provide this law of wrongs and redress. In Recognizing Wrongs, Goldberg and Zipursky systematically explain how their “civil recourse” conception makes sense of tort doctrine and captures the ways in which the law of torts contributes to the maintenance of a just polity. Recognizing Wrongs aims to unseat both the leading philosophical theory of tort law—corrective justice theory—and the approaches favored by the law-and-economics movement. It also sheds new light on central figures of American jurisprudence, including former Supreme Court Justices Oliver Wendell Holmes, Jr., and Benjamin Cardozo. In the process, it addresses hotly contested contemporary issues in the law of damages, defamation, malpractice, mass torts, and products liability.
Download or read book Citizenship and Social Movements written by Lisa Thompson and published by Zed Books Ltd.. This book was released on 2013-04-04 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt: Debates over social movements have suffered from a predominate focus on North America and western Europe, often neglecting the significance of collective action in the global South. Citizenship and Social Movements seeks to partially redress this imbalance with case studies from Brazil, India, Bangladesh, Mexico, South Africa and Nigeria. This volume points to the complex relationships that influence mobilization and social movements in the South, suggesting that previous theories have underplayed the influence of state power and elite dominance in the government and in NGOs. As the contributors to this book clearly show, understanding the role of the state in relation to social movements is critical to determining when collective action can fulfil the promise of bringing the rights of the marginalized to the fore.
Download or read book Asbestos and Disease written by Bozzano G Luisa and published by Elsevier. This book was released on 2012-12-02 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: Asbestos and Disease provides a much-needed comprehensive compendium and presentation of accumulated information on asbestos and disease. Organized into five parts, this book begins with the nature, occurrence, properties, mining, milling, manufacturing, and use of asbestos minerals. Some chapters follow on the identification, quantification, and environmental distribution of asbestos fibers. This book also tackles the asbestotic and neoplastic effects of asbestos. The pathogenic mechanisms, prevention, and control of asbestos are also addressed. This work will provide nonspecialists with easily comprehensible and meaningful data that will assist them in their endeavors in this field.
Download or read book Suing the Gun Industry written by Timothy Lytton and published by University of Michigan Press. This book was released on 2009-04-21 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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
Download or read book Double Insurance and Contribution written by Nisha Mohamed and published by Taylor & Francis. This book was released on 2018-07-17 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: Double insurance is an issue which frequently arises in practice. Dr Nisha Mohamed delves into the problems which arise in double insurance and the attempts to provide a solution to the uncertainty of the law in this area. The book begins with a fascinating look at the history and development of the law of double insurance, outlining how it has developed, and the factors the court may take into account when deciding cases involving double insurance. Attempting to provide a common law solution where no legislation has been enacted, the book covers contemporary instances of double insurance by focusing on: the relevant clauses (rateable proportion, excess, escape and other insurance) the difficulty of the courts in providing clear principles in cases of double insurance attempts to limit or exclude liability by the insurer how the clauses work in practice court decisions in various jurisdictions the Australian position under section 45 of the Insurance Contracts Act 1984 whether the Australian position can be adopted in the United Kingdom This text combines practical experience with academic rigour and will be of significant interest to lawyers, academics and insurance industry professionals alike.
