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Mass Tort Deals
Presenting twenty-two years of multidistrict litigation data, this book exposes a systematic lack of checks and balances in our courts.
The Law of Class Actions and Other Aggregate Litigation
The second edition of this casebook treats the subject of aggregate litigation as a coherent whole. The new authors have preserved the original focus while updating, revising and enriching the discussions of particular topics. The materials on class actions have been tightened and reorganized, reflecting recent judicial decisions that have made class actions harder to certify, and the materials on other procedural devices, including consolidations and arbitration, have been strengthened. The discussions contain more information about litigation strategies, judicial practices, financial considerations, and empirical findings. As before, this book fills three gaps in the market for teaching ma...
Mass Torts in a World of Settlement
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.
Goliath
“Every thinking American must read” (The Washington Book Review) this startling and “insightful” (The New York Times) look at how concentrated financial power and consumerism has transformed American politics, and business. Going back to our country’s founding, Americans once had a coherent and clear understanding of political tyranny, one crafted by Thomas Jefferson and updated for the industrial age by Louis Brandeis. A concentration of power—whether by government or banks—was understood as autocratic and dangerous to individual liberty and democracy. In the 1930s, people observed that the Great Depression was caused by financial concentration in the hands of a few whose misu...
Mass Tort Secrets
A successful mass tort practice can take your law firm to the next level, generating more clients and revenue than ever expected. Yet, mass torts is an industry that is perceived as being closed to new attorneys. In his book Mass Tort Secrets: The Playbook for Growing Your Mass Tort Business, attorney and mass tort business practitioner, Terry Dunken, turns that notion on its head and provides readers with a step-by-step guide to hitting a home run in the mass tort field. By revealing secrets of the industry, Mass Tort Secrets creates a level playing field where everyone can win.Mass Tort Secrets provides a strategy for building a mass tort law firm. From strategic planning to building your budget, and beyond, Mass Tort Secrets gives lawyers an in-depth practical guide to the business side of mass torts. Whether new to the game or a seasoned pro, Mass Tort Secrets is a must-read for everyone in the mass tort industry.
Constitutional Torts
To view or download the 2018 Supplement to this book, click here. This casebook emphasizes important circuit court decisions together with relevant Supreme Court case law. This enables students to see how principles articulated in Supreme Court decisions are implemented by lower courts. Constitutional Torts also addresses affirmative duties, constitutional tort actions in state courts, and attorney's fees. Further, this book is organized around the statutory language of section 1983, thereby driving home the crucial distinction between prima facie cases and constitutional tort immunities and defenses. The fourth edition covers Supreme Court decisions from the past several years, including Mi...
In Praise of Litigation
In Praise of Litigation explains how civil society gains from litigation and why it is ultimately a social good.
Rights and Retrenchment
This groundbreaking book contributes to an emerging literature that examines responses to the rights revolution that unfolded in the United States during the 1960s and 1970s. Using original archival evidence and data, Stephen B. Burbank and Sean Farhang identify the origins of the counterrevolution against private enforcement of federal law in the first Reagan Administration. They then measure the counterrevolution's trajectory in the elected branches, court rulemaking, and the Supreme Court, evaluate its success in those different lawmaking sites, and test key elements of their argument. Finally, the authors leverage an institutional perspective to explain a striking variation in their results: although the counterrevolution largely failed in more democratic lawmaking sites, in a long series of cases little noticed by the public, an increasingly conservative and ideologically polarized Supreme Court has transformed federal law, making it less friendly, if not hostile, to the enforcement of rights through lawsuits.
