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Leveraging Conflicts of Interest

in Mass Torts in a World of Settlement

Published in print:
2007
Published Online:
March 2013
ISBN:
9780226567600
eISBN:
9780226567624
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226567624.003.0011
Subject:
Law, Company and Commercial Law

This chapter illustrates how implementation of the leveraging proposal for fee design may take place as part of a partial shift of peace negotiations into administrative bodies. Considerations of ... More


The Development of a Mass Tort

in Mass Torts in a World of Settlement

Published in print:
2007
Published Online:
March 2013
ISBN:
9780226567600
eISBN:
9780226567624
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226567624.003.0002
Subject:
Law, Company and Commercial Law

This chapter describes the development of mass tort litigation, linking its progress to the economic underpinnings of mass tort claims from the perspective of lawyers on both plaintiffs' and ... More


UNDERSTANDING MASS TORT DEFENDANT INCENTIVES FOR CONFIDENTIAL SETTLEMENTS: LESSONS FROM BAYER’S CERIVASTATIN LITIGATION STRATEGY

James Anderson

in Confidentiality, Transparency, and the U.S. Civil Justice System

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199914333
eISBN:
9780199980185
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199914333.003.0006
Subject:
Law, Constitutional and Administrative Law

This chapter describes the product liability case brought against Bayer for the cholesterol-lowering drug cerivastatin (Baycol), a powerful statin that was discovered to cause a muscular ... More


Origins

in Mass Torts in a World of Settlement

Published in print:
2007
Published Online:
March 2013
ISBN:
9780226567600
eISBN:
9780226567624
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226567624.003.0001
Subject:
Law, Company and Commercial Law

This chapter describes the origins of the mass tort phenomenon, addressing the influences of industrialization, changes in tort theory, and changes in the procedures for civil litigation during the ... More


Products Liability

Jennifer K. Robbennolt and Valerie P. Hans

in The Psychology of Tort Law

Published in print:
2016
Published Online:
May 2017
ISBN:
9780814724941
eISBN:
9780814724712
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814724941.003.0009
Subject:
Psychology, Social Psychology

This chapter takes a closer look at a particular subset of cases in tort law – those involving products liability. The way the law handles manufacturing defects—through strict liability—implicates ... More


Administering the Leveraging Proposal

in Mass Torts in a World of Settlement

Published in print:
2007
Published Online:
March 2013
ISBN:
9780226567600
eISBN:
9780226567624
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226567624.003.0012
Subject:
Law, Company and Commercial Law

This chapter deals with the implementation of the leveraging proposal. The leveraging proposal turns on the overriding of fee agreements reached by contract between plaintiffs' lawyers and their ... More


Public Legislation and Private Contracts

in Mass Torts in a World of Settlement

Published in print:
2007
Published Online:
March 2013
ISBN:
9780226567600
eISBN:
9780226567624
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226567624.003.0006
Subject:
Law, Company and Commercial Law

This chapter introduces a brief taxonomy of the various peacemaking vehicles that have emerged. It then explains how the long-standing debate among tort scholars over risk-based claims helps to ... More


Regulating Development Indirectly

in Mass Torts in a World of Settlement

Published in print:
2007
Published Online:
March 2013
ISBN:
9780226567600
eISBN:
9780226567624
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226567624.003.0003
Subject:
Law, Company and Commercial Law

This chapter draws a conceptual connection between two developments previously seen as separate by scholars: the Supreme Court's landmark 1993 evidentiary decision in Daubert v. Merrell Dow ... More


Making and Enforcing a Grid

in Mass Torts in a World of Settlement

Published in print:
2007
Published Online:
March 2013
ISBN:
9780226567600
eISBN:
9780226567624
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226567624.003.0004
Subject:
Law, Company and Commercial Law

This chapter starts by observing that the use of grid-like arrangements in torts does not represent as much of a departure as one initially might think. It goes on to investigate a notable judicial ... More


Mandatory Glass Actions Revisited

in Mass Torts in a World of Settlement

Published in print:
2007
Published Online:
March 2013
ISBN:
9780226567600
eISBN:
9780226567624
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226567624.003.0007
Subject:
Law, Company and Commercial Law

This chapter considers the achievement of mandatory class treatment for punitive damage claims against the tobacco industry. It investigates David Rosenberg's case for mandatory class treatment. ... More


Maximizing or Minimizing Opt-Outs

in Mass Torts in a World of Settlement

Published in print:
2007
Published Online:
March 2013
ISBN:
9780226567600
eISBN:
9780226567624
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226567624.003.0008
Subject:
Law, Company and Commercial Law

This chapter covers other efforts to draw upon class settlements as vehicles for peace, whether by expanding or constraining in practical terms the opportunity of persons within the class to opt out ... More


The Rise and Fall of the Mass Tort Glass Settlement

in Mass Torts in a World of Settlement

Published in print:
2007
Published Online:
March 2013
ISBN:
9780226567600
eISBN:
9780226567624
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226567624.003.0005
Subject:
Law, Company and Commercial Law

This chapter reviews developments behind the realization by lawyers that class settlements might function as peacemaking vehicles. It then turns to the structure of the deals in Amchem Products, Inc. ... More


Bankruptcy Transformed

in Mass Torts in a World of Settlement

Published in print:
2007
Published Online:
March 2013
ISBN:
9780226567600
eISBN:
9780226567624
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226567624.003.0009
Subject:
Law, Company and Commercial Law

This chapter describes how the defeat of the class settlements in Amchem Products, Inc. v. Windsor and Ortiz v. Fibreboard Corp. has led to even more problematic efforts to replicate those ... More


Government as Plaintiff

in Mass Torts in a World of Settlement

Published in print:
2007
Published Online:
March 2013
ISBN:
9780226567600
eISBN:
9780226567624
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226567624.003.0010
Subject:
Law, Company and Commercial Law

This chapter concentrates on litigation by the government to recover the additional increment of expenditures from the public fisc said to be caused by a defendant industry's wrongful conduct. It ... More


Bringing Justice to Large Groups of People: Mass Torts and Class Actions (I)

Jeffrey B. Morris

in Leadership on the Federal Bench: The Craft and Activism of Jack Weinstein

Published in print:
2011
Published Online:
April 2015
ISBN:
9780199772414
eISBN:
9780190259976
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199772414.003.0011
Subject:
Law, Legal History

This chapter presents a background on class actions and other mass tort actions. It then focuses on Weinstein's most celebrated case, Agent Orange. In Agent Orange Weinstein presided over an action ... More


Conclusion

in Mass Torts in a World of Settlement

Published in print:
2007
Published Online:
March 2013
ISBN:
9780226567600
eISBN:
9780226567624
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226567624.003.0013
Subject:
Law, Company and Commercial Law

A “bottom-up” approach to mass torts has been argued in this book. The meandering path of the law since the Supreme Court's 1997 decision in Amchem Products, Inc. v. Windsor reflects a deep ... More


Bringing Justice to Large Groups of People: Mass Torts and Class Actions (II)

Jeffrey B. Morris

in Leadership on the Federal Bench: The Craft and Activism of Jack Weinstein

Published in print:
2011
Published Online:
April 2015
ISBN:
9780199772414
eISBN:
9780190259976
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199772414.003.0012
Subject:
Law, Legal History

This chapter focuses on Weinstein's involvements since Agent Orange. His ventures with asbestos litigation and later mass tort cases proved much less successful than Agent Orange. However, he ... More


“Making the Unequal Equal through the Alchemy of the Law”: Growing Renown, 1977–1986

Jeffrey B. Morris

in Leadership on the Federal Bench: The Craft and Activism of Jack Weinstein

Published in print:
2011
Published Online:
April 2015
ISBN:
9780199772414
eISBN:
9780190259976
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199772414.003.0007
Subject:
Law, Legal History

This chapter focuses on Weinstein's second decade on the bench. During this time, he grasped the potential of a number of potentially significant cases, enhancing his reputation within and outside ... More


“Imaginative Reformer” and “Vindicator of the Ideal of the Judge”: Jack Weinstein’s Work, 1987–1996

Jeffrey B. Morris

in Leadership on the Federal Bench: The Craft and Activism of Jack Weinstein

Published in print:
2011
Published Online:
April 2015
ISBN:
9780199772414
eISBN:
9780190259976
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199772414.003.0008
Subject:
Law, Legal History

This chapter focuses on Weinstein's career from 1987–1996. In 1993, he received notice that he had won the judiciary's highest award, the Devitt Award, was named “National Law Journal's Lawyer of the ... More


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