Descripciones mejoradas de Syndetics:

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.

Tabla de contenidos provista por Syndetics

• Introduction(p. vii)
• Part I The Mass Tort Problem(p. xxi)
• Chapter 1 Origins(p. 1)
• Chapter 2 The Development of a Mass Tort(p. 11)
• Chapter 3 Regulating Development Indirectly(p. 29)
• Part II From Litigation to Administration(p. 55)
• Chapter 4 Making and Enforcing a Grid(p. 57)
• Chapter 5 The Rise and Fall of the Mass Tort Class Settlement(p. 71)
• Part III The Search for Peace(p. 95)
• Chapter 6 Public Legislation and Private Contracts(p. 97)
• Chapter 7 Mandatory Class Actions Revisited(p. 114)
• Chapter 8 Maximizing or Minimizing Opt-Outs(p. 135)
• Chapter 9 Bankruptcy Transformed(p. 161)
• Chapter 10 Government as Plaintiff(p. 183)
• Part IV Peacemaking as Governance(p. 217)
• Chapter 11 Leveraging Conflicts of Interest(p. 219)
• Chapter 12 Administering the Leveraging Proposal(p. 250)
• Conclusion(p. 269)
• Acknowledgments(p. 275)
• Notes(p. 277)
• Index(p. 319)

Notas de autor provistas por Syndetics

Richard A. Nagareda is professor of law at Vanderbilt University Law School, where he holds the Tarkington Chair in Teaching Excellence and is the director of the Cecil D. Branstetter Litigation & Dispute Resolution Program.