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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.
Publisher Description
Presenting twenty-two years of multidistrict litigation data, this book exposes a systematic lack of checks and balances in our courts.
A timely warning is given by Olson, who maintains that today's class-action lawyers are fast carving out a new and dangerous role as an unelected fourth branch of the government.
#1 NEW YORK TIMES BESTSELLER • The office of the public defender is not known as a training ground for bright young litigators. Clay Carter has been there too long and, like most of his colleagues, dreams of a better job in a real firm. When he reluctantly takes the case of a young man charged with a random street killing, he assumes it is just another of the many senseless murders that hit D.C. every week. As he digs into the background of his client, Clay stumbles on a conspiracy too horrible to believe. He suddenly finds himself in the middle of a complex case against one of the largest pharmaceutical companies in the world, looking at the kind of enormous settlement that would totally change his life—that would make him, almost overnight, the legal profession’s newest king of torts... Don’t miss John Grisham’s new book, THE EXCHANGE: AFTER THE FIRM, coming soon!
#1 NATIONAL BESTSELLER • NATIONAL BOOK CRITICS CIRCLE AWARD WINNER • The true story of one man so determined to take down two of the nation's largest corporations accused of killing children from water contamination that he risks losing everything. "The legal thriller of the decade." —Cleveland Plain Dealer Described as “a page-turner filled with greed, duplicity, heartache, and bare-knuckle legal brinksmanship" by The New York Times, A Civil Action is the searing, compelling tale of a legal system gone awry—one in which greed and power fight an unending struggle against justice. Yet it is also the story of how one man can ultimately make a difference. Representing the bereaved parents, the unlikeliest of heroes emerges: a young, flamboyant Porsche-driving lawyer who hopes to win millions of dollars and ends up nearly losing everything, including his sanity. With an unstoppable narrative power reminiscent of Truman Capote’s In Cold Blood, A Civil Action is an unforgettable reading experience that will leave the reader both shocked and enlightened. A Civil Action was made into a movie starring John Travolta and Robert Duvall.
Focusing on issues of vital importance to those seeking to understand and reform the tort system, this volume takes a multi-disciplinary approach, including theoretical economic analysis, empirical analysis, socio-economic analysis, and behavioral anal