Resolving Mature Mass Tort Litigation

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Mass Torts in a World of Settlement

Author : Richard A. Nagareda
Publisher : University of Chicago Press
ISBN 13 : 0226567621
Total Pages : 348 pages
Book Rating : 4.2/5 (265 download)

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Book Synopsis Mass Torts in a World of Settlement by : Richard A. Nagareda

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.

Manual for Complex Litigation, Fourth

Author :
Publisher :
ISBN 13 :
Total Pages : 824 pages
Book Rating : 4.:/5 (327 download)

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Book Synopsis Manual for Complex Litigation, Fourth by :

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:

Judicial Management of Mass Tort Bankruptcy Cases

Author : S. Elizabeth Gibson
Publisher :
ISBN 13 :
Total Pages : 178 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis Judicial Management of Mass Tort Bankruptcy Cases by : S. Elizabeth Gibson

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:

Aggregate Litigation

Author :
Publisher :
ISBN 13 : 9780314927354
Total Pages : 305 pages
Book Rating : 4.9/5 (273 download)

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Book Synopsis Aggregate Litigation by :

Download or read book Aggregate Litigation written by and published by . This book was released on 2010 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Rule of Lawyers

Author : Walter K. Olson
Publisher : Macmillan
ISBN 13 : 9780312331191
Total Pages : 388 pages
Book Rating : 4.3/5 (311 download)

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Book Synopsis The Rule of Lawyers by : Walter K. Olson

Download or read book The Rule of Lawyers written by Walter K. Olson and published by Macmillan. This book was released on 2004-06 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: A timely warning is given by Olson, who maintains that today's class-action lawyers are fast carving out a new and dangerous role as an unelected fourth branch of the government.

Case Studies of Mass Tort Limited Fund Class Action Settlements & Bankruptcy Reorganizations

Author : S. Elizabeth Gibson
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (86 download)

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Book Synopsis Case Studies of Mass Tort Limited Fund Class Action Settlements & Bankruptcy Reorganizations by : S. Elizabeth Gibson

Download or read book Case Studies of Mass Tort Limited Fund Class Action Settlements & Bankruptcy Reorganizations written by S. Elizabeth Gibson and published by . This book was released on 2000 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Mass Tort Deals

Author : Elizabeth Chamblee Burch
Publisher : Cambridge University Press
ISBN 13 : 1108416977
Total Pages : 293 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Mass Tort Deals by : Elizabeth Chamblee Burch

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.

Resolving Mature Mass Tort Litigation

Author : Francis E. McGovern
Publisher :
ISBN 13 :
Total Pages : 60 pages
Book Rating : 4.:/5 (25 download)

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Book Synopsis Resolving Mature Mass Tort Litigation by : Francis E. McGovern

Download or read book Resolving Mature Mass Tort Litigation written by Francis E. McGovern and published by . This book was released on 1988 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Individual Justice in Mass Tort Litigation

Author : Jack B. Weinstein
Publisher : Northwestern University Press
ISBN 13 : 9780810111882
Total Pages : 406 pages
Book Rating : 4.1/5 (118 download)

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Book Synopsis Individual Justice in Mass Tort Litigation by : Jack B. Weinstein

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.

Managing Class Action Litigation

Author : Barbara Jacobs Rothstein
Publisher :
ISBN 13 :
Total Pages : 52 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis Managing Class Action Litigation by : Barbara Jacobs Rothstein

Download or read book Managing Class Action Litigation written by Barbara Jacobs Rothstein and published by . This book was released on 2009 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Human Rights Obligations of Business

Author : Surya Deva
Publisher : Cambridge University Press
ISBN 13 : 1107036879
Total Pages : 451 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Human Rights Obligations of Business by : Surya Deva

Download or read book Human Rights Obligations of Business written by Surya Deva and published by Cambridge University Press. This book was released on 2013-11-21 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically evaluates the Ruggie Framework and the Guiding Principles on Business and Human Rights, and investigates the normative foundations as well as the nature, extent and enforcement of corporate obligations for the realisation of human rights.

Distorting the Law

Author : William Haltom
Publisher : University of Chicago Press
ISBN 13 : 0226314693
Total Pages : 361 pages
Book Rating : 4.2/5 (263 download)

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Book Synopsis Distorting the Law by : William Haltom

Download or read book Distorting the Law written by William Haltom and published by University of Chicago Press. This book was released on 2009-11-15 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, stories of reckless lawyers and greedy citizens have given the legal system, and victims in general, a bad name. Many Americans have come to believe that we live in the land of the litigious, where frivolous lawsuits and absurdly high settlements reign. Scholars have argued for years that this common view of the depraved ruin of our civil legal system is a myth, but their research and statistics rarely make the news. William Haltom and Michael McCann here persuasively show how popularized distorted understandings of tort litigation (or tort tales) have been perpetuated by the mass media and reform proponents. Distorting the Law lays bare how media coverage has sensationalized lawsuits and sympathetically portrayed corporate interests, supporting big business and reinforcing negative stereotypes of law practices. Based on extensive interviews, nearly two decades of newspaper coverage, and in-depth studies of the McDonald's coffee case and tobacco litigation, Distorting the Law offers a compelling analysis of the presumed litigation crisis, the campaign for tort law reform, and the crucial role the media play in this process.

Dust-Up

Author : Jeb Barnes
Publisher : Georgetown University Press
ISBN 13 : 1589017862
Total Pages : 150 pages
Book Rating : 4.5/5 (89 download)

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Book Synopsis Dust-Up by : Jeb Barnes

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.

The Conservative Case for Class Actions

Author : Brian T. Fitzpatrick
Publisher : University of Chicago Press
ISBN 13 : 022665933X
Total Pages : 283 pages
Book Rating : 4.2/5 (266 download)

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Book Synopsis The Conservative Case for Class Actions by : Brian T. Fitzpatrick

Download or read book The Conservative Case for Class Actions written by Brian T. Fitzpatrick and published by University of Chicago Press. This book was released on 2019-11-01 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the 1960s, the class action lawsuit has been a powerful tool for holding businesses accountable. Yet years of attacks by corporate America and unfavorable rulings by the Supreme Court have left its future uncertain. In this book, Brian T. Fitzpatrick makes the case for the importance of class action litigation from a surprising political perspective: an unabashedly conservative point of view. Conservatives have opposed class actions in recent years, but Fitzpatrick argues that they should see such litigation not as a danger to the economy, but as a form of private enforcement of the law. He starts from the premise that all of us, conservatives and libertarians included, believe that markets need at least some rules to thrive, from laws that enforce contracts to laws that prevent companies from committing fraud. He also reminds us that conservatives consider the private sector to be superior to the government in most areas. And the relatively little-discussed intersection of those two beliefs is where the benefits of class action lawsuits become clear: when corporations commit misdeeds, class action lawsuits enlist the private sector to intervene, resulting in a smaller role for the government, lower taxes, and, ultimately, more effective solutions. Offering a novel argument that will surprise partisans on all sides, The Conservative Case for Class Actions is sure to breathe new life into this long-running debate.

Medical Malpractice Litigation

Author : Bernard S. Black
Publisher : Cato Institute
ISBN 13 : 194864780X
Total Pages : 337 pages
Book Rating : 4.9/5 (486 download)

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Book Synopsis Medical Malpractice Litigation by : Bernard S. Black

Download or read book Medical Malpractice Litigation written by Bernard S. Black and published by Cato Institute. This book was released on 2021-04-27 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Drawing on an unusually rich trove of data, the authors have refuted more politically convenient myths in one book than most academics do in a lifetime." —Nicholas Bagley, professor of law, University of Michigan Law School "Synthesizing decades of their own and others’ research on medical liability, the authors unravel what we know and don’t know about our medical malpractice system, why neither patients nor doctors are being rightly served, and what economics can teach us about the path forward." —Anupam B. Jena, Harvard Medical School Over the past 50 years, the United States experienced three major medical malpractice crises, each marked by dramatic increases in the cost of malpractice liability insurance. These crises fostered a vigorous politicized debate about the causes of the premium spikes, and the impact on access to care and defensive medicine. State legislatures responded to the premium spikes by enacting damages caps on non-economic, punitive, or total damages and Congress has periodically debated the merits of a federal cap on damages. However, the intense political debate has been marked by a shortage of evidence, as well as misstatements and overclaiming. The public is confused about answers to some basic questions. What caused the premium spikes? What effect did tort reform actually have? Did tort reform reduce frivolous litigation? Did tort reform actually improve access to health care or reduce defensive medicine? Both sides in the debate have strong opinions about these matters, but their positions are mostly talking points or are based on anecdotes. Medical Malpractice Litigation provides factual answers to these and other questions about the performance of the med mal system. The authors, all experts in the field and from across the political spectrum, provide an accessible, fact-based response to the questions ordinary Americans and policymakers have about the performance of the med mal litigation system.

Agent Orange on Trial

Author : Peter H. Schuck
Publisher : Harvard University Press
ISBN 13 : 9780674010260
Total Pages : 380 pages
Book Rating : 4.0/5 (12 download)

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Book Synopsis Agent Orange on Trial by : Peter H. Schuck

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.

Ask a Manager

Author : Alison Green
Publisher : Ballantine Books
ISBN 13 : 0399181822
Total Pages : 306 pages
Book Rating : 4.3/5 (991 download)

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Book Synopsis Ask a Manager by : Alison Green

Download or read book Ask a Manager written by Alison Green and published by Ballantine Books. This book was released on 2018-05-01 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the creator of the popular website Ask a Manager and New York’s work-advice columnist comes a witty, practical guide to 200 difficult professional conversations—featuring all-new advice! There’s a reason Alison Green has been called “the Dear Abby of the work world.” Ten years as a workplace-advice columnist have taught her that people avoid awkward conversations in the office because they simply don’t know what to say. Thankfully, Green does—and in this incredibly helpful book, she tackles the tough discussions you may need to have during your career. You’ll learn what to say when • coworkers push their work on you—then take credit for it • you accidentally trash-talk someone in an email then hit “reply all” • you’re being micromanaged—or not being managed at all • you catch a colleague in a lie • your boss seems unhappy with your work • your cubemate’s loud speakerphone is making you homicidal • you got drunk at the holiday party Praise for Ask a Manager “A must-read for anyone who works . . . [Alison Green’s] advice boils down to the idea that you should be professional (even when others are not) and that communicating in a straightforward manner with candor and kindness will get you far, no matter where you work.”—Booklist (starred review) “The author’s friendly, warm, no-nonsense writing is a pleasure to read, and her advice can be widely applied to relationships in all areas of readers’ lives. Ideal for anyone new to the job market or new to management, or anyone hoping to improve their work experience.”—Library Journal (starred review) “I am a huge fan of Alison Green’s Ask a Manager column. This book is even better. It teaches us how to deal with many of the most vexing big and little problems in our workplaces—and to do so with grace, confidence, and a sense of humor.”—Robert Sutton, Stanford professor and author of The No Asshole Rule and The Asshole Survival Guide “Ask a Manager is the ultimate playbook for navigating the traditional workforce in a diplomatic but firm way.”—Erin Lowry, author of Broke Millennial: Stop Scraping By and Get Your Financial Life Together