Add to ORKGIn a stimulating paper prepared for this symposium, Professor Richard L. Marcus addresses the proposal to substitute an administrative scheme for all future mass tort claims (and some present ones). Professor Marcus cogently observes that many of the pressure points in mass tort litigation can properly be labeled substantive -including all the baggage that such a label carries with it. When dealing with mass tort class actions, federal courts face enormous problems of case management. Creative attempts to deal with such problems, however, often involve the courts altering or amending private rights under state law
Three decades have elapsed since Rule 23 of the Federal Rules of Civil Procedure last underwent revi...
Published in cooperation with the American Bar Association Section of Dispute Resolutio
Primarily through tort law the courts compensate those injured by others. Secondary aspects of our w...
It is the way of symposia that, after conveners assign topics for discussion, participants interpret...
My objective here is to challenge the notion that the recent mass tort settlements - for all their n...
This Article seeks to advance the use of mass tort class actions and proposes that they are not only...
Tort reform emanates, for our purposes, from two primary bodies: state judicial and legislative bran...
U.S. Supreme Court Tort Reform: Limiting State Power to Articulate and Develop Its Own Tort Law–Defa...
Twenty years ago, Deborah Hensler and a team of scholars at the RAND Corporation\u27s Institute for ...
The paper advances the proposition that mass toxic tort litigation has been the predominant driver o...
With the benefit of twenty-five years\u27 experience of mass tort litigation, it is time to assess w...
Richard Marcus and Jack Coffee argue that federal judges are relying on the class action rule (Feder...
The American legal system has witnessed a gradual, almost surreptitious, movement toward collective...
There is no justification for displacing state tort law by adopting a new federal law of torts in or...
This Symposium convenes at an important moment in the history of modern tort reform. The helpful leg...
Three decades have elapsed since Rule 23 of the Federal Rules of Civil Procedure last underwent revi...
Published in cooperation with the American Bar Association Section of Dispute Resolutio
Primarily through tort law the courts compensate those injured by others. Secondary aspects of our w...
It is the way of symposia that, after conveners assign topics for discussion, participants interpret...
My objective here is to challenge the notion that the recent mass tort settlements - for all their n...
This Article seeks to advance the use of mass tort class actions and proposes that they are not only...
Tort reform emanates, for our purposes, from two primary bodies: state judicial and legislative bran...
U.S. Supreme Court Tort Reform: Limiting State Power to Articulate and Develop Its Own Tort Law–Defa...
Twenty years ago, Deborah Hensler and a team of scholars at the RAND Corporation\u27s Institute for ...
The paper advances the proposition that mass toxic tort litigation has been the predominant driver o...
With the benefit of twenty-five years\u27 experience of mass tort litigation, it is time to assess w...
Richard Marcus and Jack Coffee argue that federal judges are relying on the class action rule (Feder...
The American legal system has witnessed a gradual, almost surreptitious, movement toward collective...
There is no justification for displacing state tort law by adopting a new federal law of torts in or...
This Symposium convenes at an important moment in the history of modern tort reform. The helpful leg...
Three decades have elapsed since Rule 23 of the Federal Rules of Civil Procedure last underwent revi...
Published in cooperation with the American Bar Association Section of Dispute Resolutio
Primarily through tort law the courts compensate those injured by others. Secondary aspects of our w...