Mass Torts in a World of Settlement
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.
379 pages | 1 line drawing, 1 table | 6 x 9 | © 2007
Economics and Business: Business--Business Economics and Management Studies
History: American History
Law and Legal Studies: Law and Society, Legal History, Legal Thought
Political Science: Public Policy
Reviews
Table of Contents
Chapter 1 Origins
Chapter 2 The Development of a Mass Tort
Chapter 3 Regulating Development Indirectly
Chapter 4 Making and Enforcing a Grid
Chapter 5 The Rise and Fall of the Mass Tort Class Settlement
Chapter 6 Public Legislation and Private Contracts
Chapter 7 Mandatory Class Actions Revisited
Chapter 8 Maximizing or Minimizing Opt-Outs
Chapter 9 Bankruptcy Transformed
Chapter 10 Government as Plaintiff
Chapter 11 Leveraging Conflicts of Interest
Chapter 12 Administering the Leveraging Proposal
Acknowledgments
Notes
Index
Be the first to know
Get the latest updates on new releases, special offers, and media highlights when you subscribe to our email lists!