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

DOWNLOAD EBOOK

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.

Mass Tort Settlement Class Actions
Mass Tort Settlement Class Actions

Author: Jay Tidmarsh

Publisher:

Published: 1998

Total Pages: 100

ISBN-13:

DOWNLOAD EBOOK

The future of aggregation is uncertain. Recent cases have established limits on class actions as devised for national resolution of mass tort claims. In the evolving world of mass tort litigation, once thing is for certain: lawyers and judges have to ensure that the resolution of these cases is fair to the individual litigants on both sides. For that reason, the analysis of the five settlement class action cases contained herein will continue to be relevant to mass tort litigation - and to other class-action litigation - no matter what twists and turns the ongoing debate may take. Through analysis of five mass tort cases, this monograph explores such questions as: Should discovery be allowed into arguably secret settlement negotiations when the negotiations represent tens of thousands, or even millions of individuals? Should judges conduct proceedings in the nature of trials to review the merits of the proposed settlement? Who should get what kind of notice at whose expense? How should judges assess the adequacy of class representatives and counsel?

Mass Claims Resolution Facilities
Mass Claims Resolution Facilities

Author: CPR Institute for Dispute Resolution

Publisher:

Published: 2011

Total Pages: 160

ISBN-13:

DOWNLOAD EBOOK

"The Master Guide to Mass Claims Resolution Facilities addresses issues arising post-settlement of mass claims -- filling a large void in the legal literature in this area of ADR. The book covers all areas of claims resolution facilities, including initial due diligence in estimating claims, costs and assets, extent of delegation to the facility, design of facilities, establishment of claim criteria, notice, procedures, communication and appeals. It also examines decisional law, statutory bases and various examples of facilities, drawing upon the knowledge of specialists in the area. This book was created by CPR's Commission on Facilities for the Resolution of Mass Claims whose members include Chairs, Kenneth R. Feinberg of Feinberg Rozen, LLP and Deborah E. Greenspan of Dickstein Shapiro, LLP, Jordana H. Feldman as the Commission's Reporter, and a group of counsel, academics, neutrals, and other experts on complex claims management."--Publisher's website.