Engle v. R.J. Reynolds Tobacco Co. raises the questions of whether and how elastic mass torts can be settled in our federal system. In particular, there is a procedural and practical dilemma: state courts provide relative ease of class action certification, but with the power to provide closure. A wide variety of options for the parties are considered in light of the Amchem and Ortiz decisions with the conclusion that the demand for finality will drive bottom-up reform and lead to more flexibility in resolving those types of mass torts
A difficult challenge facing the American judicial system is providing for the fair and efficient re...
The Supreme Court\u27s 1997 decision in Amchem Products, Inc. v. Windsor struck down the most ambiti...
Mass-tort lawsuits over products like pelvic and hernia mesh, Roundup, opioids, talcum powder, and h...
It is the way of symposia that, after conveners assign topics for discussion, participants interpret...
In the past decade, settlement class actions have become increasingly popular in mass tort litigatio...
There is no justification for displacing state tort law by adopting a new federal law of torts in or...
The potential for attorneys to collude in reaching a settlement agreement arises in any large-scal...
Mass torts create a unique scale of harm and liabilities. Corporate tortfeasors are desperate to se...
To settle the thousands of claims arising from the defective painkiller Vioxx, Merck Pharmaceuticals...
Published in cooperation with the American Bar Association Section of Dispute Resolutio
In 2004, just five years after introducing the drug, Vioxx, pharmaceutical company, Merck, voluntari...
In the complex and chaotic world of mass torts, a class action that aggregates the claims of aggriev...
It\u27s not about whether there will be mass aggregate litigation, but how. As long as the economy f...
In the courts and in the academy, the ostensible commitment of American tort law to individualized j...
Although it is destined for the personal jurisdiction canon, the Supreme Court’s eight-to-one decisi...
A difficult challenge facing the American judicial system is providing for the fair and efficient re...
The Supreme Court\u27s 1997 decision in Amchem Products, Inc. v. Windsor struck down the most ambiti...
Mass-tort lawsuits over products like pelvic and hernia mesh, Roundup, opioids, talcum powder, and h...
It is the way of symposia that, after conveners assign topics for discussion, participants interpret...
In the past decade, settlement class actions have become increasingly popular in mass tort litigatio...
There is no justification for displacing state tort law by adopting a new federal law of torts in or...
The potential for attorneys to collude in reaching a settlement agreement arises in any large-scal...
Mass torts create a unique scale of harm and liabilities. Corporate tortfeasors are desperate to se...
To settle the thousands of claims arising from the defective painkiller Vioxx, Merck Pharmaceuticals...
Published in cooperation with the American Bar Association Section of Dispute Resolutio
In 2004, just five years after introducing the drug, Vioxx, pharmaceutical company, Merck, voluntari...
In the complex and chaotic world of mass torts, a class action that aggregates the claims of aggriev...
It\u27s not about whether there will be mass aggregate litigation, but how. As long as the economy f...
In the courts and in the academy, the ostensible commitment of American tort law to individualized j...
Although it is destined for the personal jurisdiction canon, the Supreme Court’s eight-to-one decisi...
A difficult challenge facing the American judicial system is providing for the fair and efficient re...
The Supreme Court\u27s 1997 decision in Amchem Products, Inc. v. Windsor struck down the most ambiti...
Mass-tort lawsuits over products like pelvic and hernia mesh, Roundup, opioids, talcum powder, and h...