Mass Torts in a World of Settlement

Mass Torts in a World of Settlement

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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. Nagaredaa€™s Mass Torts in a World of Settlement is the first attempt to analyze the lawyera€™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.In a series of amendments over several years, the peacemaking lawyers desperately sought to shore up the credibility of the class ... True enough, only class members who opted out at the front end could seek punitive damages as such.

Title:Mass Torts in a World of Settlement
Author:Richard A. Nagareda
Publisher:University of Chicago Press - 2008-09-15


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