Mass Torts in the United States
Mass Torts in the United States

Author: Courtney Ward-Reichard

Publisher:

Published: 2021-09-07

Total Pages: 528

ISBN-13: 9781641056656

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A useful guide for attorneys of all levels of experience to most phases of mass tort cases.

Mass Torts in a World of Settlement
Mass Torts in a World of Settlement

Author: Richard A. Nagareda

Publisher: University of Chicago Press

Published: 2008-09-15

Total Pages: 348

ISBN-13: 0226567621

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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.

An Administrative Approach to the Resolution of Mass Torts?
An Administrative Approach to the Resolution of Mass Torts?

Author: Douglas G. Smith

Publisher:

Published: 2009

Total Pages: 17

ISBN-13:

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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.

Resolution of Mass Torts
Resolution of Mass Torts

Author: Mark A. Peterson

Publisher:

Published: 1988

Total Pages: 70

ISBN-13:

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"The civil justice system is increasingly being asked to resolve disputes between large aggregations of plaintiffs and defendants. This mass litigation is placing considerable strain on a system whose formal and informal procedures and practices are based on expectations about traditional disputants that no longer necessarily hold. Some formal mechanisms, such as class actions and multidistricting, have been devised to deal with certain classes of mass litigation, but there are questions about when and how they should be applied. This Note presents the Institute for Civil Justice's (ICJ) agenda for a program of research on mass tort litigation, and the results of ICJ work to date. The analysis explores the effects of aggregation on the characteristics, course, and outcome of mass litigation."--Rand abstracts.

Mass Tort Deals
Mass Tort Deals

Author: Elizabeth Chamblee Burch

Publisher: Cambridge University Press

Published: 2019-05-16

Total Pages: 293

ISBN-13: 1108416977

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Presenting twenty-two years of multidistrict litigation data, this book exposes a systematic lack of checks and balances in our courts.

Mass Tort Litigation
Mass Tort Litigation

Author: Linda S. Mullenix

Publisher: West Academic Publishing

Published: 2008

Total Pages: 1564

ISBN-13:

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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.