Mass Torts in a World of Settlement

Author: Richard A. Nagareda
Publisher: University of Chicago Press
ISBN: 0226567621
Format: PDF
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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.

Complex Litigation

Author: Richard L. Marcus
Publisher: West Group
ISBN: 9780314147349
Format: PDF, ePub, Mobi
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Text is designed for an upper-level division course, and it serves as a useful source and reference book for students once they are in practice. In-depth coverage of the nature of complex litigation.

Tort Law

Author: Jenny Steele
Publisher: Oxford University Press, USA
ISBN: 0199671400
Format: PDF, Docs
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Tort Law: Text, Cases, and Materials combines incisive author commentary with carefully selected extracts from primary and secondary materials to provide the perfect balance of support and encouragement. The author introduces the fundamental principles of the subject before moving on to discuss more challenging issues, thereby ensuring a full understanding of the subject and encouraging an appreciation of the more complex debates surrounding the law of tort. The book is intended to be a stand-alone text and to provide students with a comprehensive source of relevant materials in this one convenient and easy-to-use volume. Online Resource Centre Updates on developments in tort law Web links to guide students in further study

Cases and Materials on Torts

Author: Richard A. Epstein
Publisher: Wolters Kluwer Law & Business
ISBN: 1454877464
Format: PDF, ePub, Docs
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Cases and Materials on Torts, Eleventh Edition for Fall 2016 classes. This top tier casebook integrates modern scholarship with historical background to provide a sense of the development of tort law. The thoughtful presentation engages students by examining different intellectual approaches used to interpret law. The 11th edition carries many successful features from earlier editions, including extensive historical materials on the evolution of tort law, an expanded treatment of public nuisance law, recent developments in products liability law, expansion of the materials on various types of injuries in damage cases, and heavier emphasis on web-based communications under the law of defamation and privacy. Key Features: Updated two-color design New Restatement boxes that highlight the law for easy reference Condensation of basic material, including a combination of the insurance contract and no fault insurance issues into a single chapter Introduction of new visual materials in each chapter, including pictures charts, cartoons, and biographical sketches of key figures in tort law, as an assist to the case and other materials

Drug and Device Product Liability Litigation Strategy

Author: Mark Herrmann
Publisher: Oxford University Press
ISBN: 0199750246
Format: PDF, ePub, Docs
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Each year, thousands of lawsuits are filed in federal and state courts seeking recovery from manufacturers of pharmaceuticals and medical devices. These lawsuits include individual actions, actions consolidated into multidistrict litigation, and class actions. The litigation occasionally becomes life-threatening for the defendant corporations, and may breed a public relations nightmare, as occurred with Vioxx, breast implants, and fen-phen. Drug and Device Product Liability Litigation Strategy, by Mark Herrmann and David B. Alden, offers assistance to lawyers who practice in this high-stakes, high-profile, and rapidly-evolving area. The book's primary focus is to provide useful practice pointers and overall strategic guidance for attorneys in product liability litigation involving prescription drugs and medical devices. It will serve as an indispensable guide to handling such a case from pre-litigation through trial. The legal landscape in this important area is expected to shift as the Supreme Court's decisions in Riegel v. Medtronic, Inc. and Wyeth v. Levine are applied, and as the President and Congress address tort reform and other health care issues. Practitioners will need thoughtful, expert advice to navigate these changes.

American Conflicts Law Cases and Materials

Author: Robert L. Felix
Publisher: LexisNexis
ISBN: 0327174412
Format: PDF, ePub, Mobi
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The Fifth Edition provides a comprehensive set of teaching materials for the course in Conflict of Laws as it is taught in most American law schools. It includes some new cases, selected for their teaching value, while also retaining the best cases from the prior edition. It also includes problems in all chapters to test the students' understanding of each segment of material covered in the course. The first three chapters establish the historical background for the study of Conflict of Laws, introduce the students to all of the Conflicts systems existing in the United States, and explore the constitutional limits on the ability of the states to apply their law to multistate transactions and occurrences. With this background, the following four chapters examine the operation of the choice-of-law doctrines used in the areas of torts, contracts, property, and domestic relations. The grounding provided by the first three chapters allows teachers to choose those topics to teach in the following four chapters without necessarily covering the chapters in their entirety if time does not permit. The final three chapters deal with vertical choice of law (the Erie doctrine), interstate judgment enforcement, and personal jurisdiction. The book is organized so that these final three chapters can be covered out of order to suit a wide range of teaching preferences. Each chapter contains note material following the cases to help teachers explore the full range of issues raised by the doctrines being studied. The problems contained in each chapter increase the students' comprehension of the materials and provide a basis for more interesting classroom discussions.

Class Actions

Author: Robert H. Klonoff
Publisher: West Academic Publishing
ISBN: 9780314911650
Format: PDF, Mobi
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This casebook focuses on one of the most important and dynamic areas of modern federal civil practice - aggregate-party litigation, particularly class actions. The casebook covers the latest groundbreaking Supreme Court cases involving employment discrimination, arbitration and securities fraud. The book not only provides cutting edge cases, it explores litigation strategies used by practitioners and examines the theories underlying complex, multi-party litigation. As such, the book is ideal for scholars, lawyers and students.

Torts

Author: Aaron D. Twerski
Publisher: Wolters Kluwer Law & Business
ISBN: 145488813X
Format: PDF, ePub, Mobi
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Torts: Cases and Materials, Fourth Edition is a casebook that engages students without avoiding the hard questions. Modeled on the venerable Prosser casebook, but intended to be modern, accessible, and yet sophisticated, this book consistently gets high marks from students for being clear, user-friendly, and not hiding-the-ball like so many other casebooks. Challenging hypotheticals and authors’ dialogues engage students while allowing instructors to probe more deeply into ambiguous or developing areas of law. The book’s manageable length makes it an ideal for a three- to four-hour introductory Torts course.

Suing the Gun Industry

Author: Timothy Lytton
Publisher: University of Michigan Press
ISBN: 9780472115105
Format: PDF, Docs
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"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