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.

Cases and Materials on the Law of Torts

Author: George C. Christie
Publisher: West Academic
ISBN: 9780314266941
Format: PDF, ePub, Docs
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The Fifth Edition of Cases and Materials on the Law of Torts continues the tradition of using, as much as possible, minimally edited cases so that the book can serve as a vehicle for teaching first-year students the essential techniques of case analysis and legal method. The entire book has been modified to accommodate the many developments in the law of torts since the Fourth Edition was published in 2004. For example, the basic chapters on negligence and causation recognize and discuss the now finally adopted Restatement (Third) of Torts: Liability for Physical & Emotional Harm and the recent case law expanding liability for loss of a chance. The duty section has also undergone a major overhaul to reflect the conceptual framework by which courts think about duty and to elucidate the pervasive role of foreseeability in courts' duty decisions. The Materials on Product's Liability capture the many recent developments in that area; and the materials on dignitary harms reflect the increasing interaction between tort law and constitutional law as well as the expanding potential reach of international human rights conventions. Finally the Fifth Edition retains its comprehensive coverage of the entire field of torts so as to give instructors, all of whom are having to accommodate a curriculum that has cut back on the number of credit hours assigned to torts, the widest possible choice of subjects on which they may wish to concentrate in the limited time they have available.

Complex Litigation

Author: Richard L. Marcus
Publisher: West Group
ISBN: 9780314147349
Format: PDF, ePub
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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.

Class Actions

Author: Robert H. Klonoff
Publisher: West Academic Publishing
ISBN: 9780314911650
Format: PDF, Kindle
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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.

Statistics for Lawyers

Author: Michael O. Finkelstein
Publisher: Springer
ISBN: 1441959858
Format: PDF, ePub, Docs
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This classic text, first published in 1990, is designed to introduce law students, law teachers, practitioners, and judges to the basic ideas of mathematical probability and statistics as they have been applied in the law. The third edition includes over twenty new sections, including the addition of timely topics, like New York City police stops, exonerations in death-sentence cases, projecting airline costs, and new material on various statistical techniques such as the randomized response survey technique, rare-events meta-analysis, competing risks, and negative binomial regression. The book consists of sections of exposition followed by real-world cases and case studies in which statistical data have played a role. The reader is asked to apply the theory to the facts, to calculate results (a hand calculator is sufficient), and to explore legal issues raised by quantitative findings. The authors' calculations and comments are given in the back of the book. As with previous editions, the cases and case studies reflect a broad variety of legal subjects, including antidiscrimination, mass torts, taxation, school finance, identification evidence, preventive detention, handwriting disputes, voting, environmental protection, antitrust, sampling for insurance audits, and the death penalty. A chapter on epidemiology was added in the second edition. In 1991, the first edition was selected by the University of Michigan Law Review as one of the important law books of the year.

Cases and Materials on Torts

Author: Richard A. Epstein
Publisher: Wolters Kluwer Law & Business
ISBN: 1454877464
Format: PDF, ePub, Mobi
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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, 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.

Practical Global Tort Litigation

Author: Andrew J. McClurg
Publisher:
ISBN:
Format: PDF, ePub, Docs
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The first entry in the Contextual Approach Series to comparative law, Practical Global Tort Litigation takes readers on a journey through a tort case in the U.S., Germany, and Argentina.Using a shattering glass food container as the vehicle, the book compares how a prototypical products liability case would be handled in the U.S. common law system and representative civil law nations in Europe and Latin America. The book analyzes from a real world perspective issues such as fact gathering and presentation, expert witnesses, burdens of proof, theories of recovery and defenses, and damages and attorneys' fees.

Torts

Author: Harry Shulman
Publisher: Foundation Press
ISBN: 9780882774237
Format: PDF, ePub
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