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The 17 articles in this collection focus on the intersection of competition law and class actions. They address achieving an optimally competitive market for goods and services, compensation for anticompetitive conduct, the appropriate test for class action certification, and acceptable methodologies for calculating damages. Canadian and American academics, judges, and experienced practicing lawyers contributed.
The Affordable Care Act debate was one of the most important and most public examinations of the Constitution in our history. At the forefront of that debate were the bloggers of the Volokh Conspiracy who, from before the law was even passed, engaged in a spirited, erudite, and accessible discussion of the legal issues involved in the case.
This book provides a complete and comprehensive defence of the use of the class action for the resolution of mass tort claims. The author explodes several popular myths regarding class actions including the notions that they infringe on litigative autonomy, they blackmail defendants, and they are only effective for numerous, low-value claims.
If you need the short answer to a Section 1983 question, and you can't afford to waste time running down the wrong research path, turn to the Handbook of Section 1983 Litigation, 2013 Edition. This essential guide is designed as the practitioner's desk book. It provides quick and concise answers to issues that frequently arise in Section 1983 cases, from police misconduct to affirmative actions to gender and race discrimination. It is organized to help you quickly find the specific information you need whether you're counsel for the plaintiff or defendant. You will find a clear, concise statement of the law governing every aspect of a Section 1983 claim, extensive citation to legal authority, every major Supreme Court ruling on Section 1983, as well as key opinions in every circuit, and a detailed overview of case law. The Handbook of Section 1983 Litigation, 2013 Edition is written by David Lee, a practicing expert with 20 years of litigation experience. He has lectured on civil rights topics before thousands of litigators during his career, and argued four cases before the United States Supreme Court, as well as numerous cases before the Tenth Circuit Court of Appeals. This new updated 2013 Edition features coverage of recent important Section 1983 U.S. Supreme Court cases including: Skinner v. Switzer Arizona Christian School Tuition Organization v. Winn Camreta v. Greene NASA v. Nelson Connick v. Thompson Brown v. Plata Swarthout v. Cook Turner v. Rogers Duryea v. Guarnieri Arizona Free Enterprise Club's Freedom Club PAC v. Bennett Brown v. Entertainment Merchants Association Ortiz v. Jordan Fox v. Vice This is the one reference to keep at your fingertips at a hearing, trial, or deposition when dealing with Section 1983 cases.
“For Erin Brockovich fans, a David vs. Goliath tale with a twist” (The New York Times Book Review)—the incredible true story of the lawyer who spent two decades building a case against DuPont for its use of the hazardous chemical PFOA, uncovering the worst case of environmental contamination in history—affecting virtually every person on the planet—and the conspiracy that kept it a secret for sixty years. The story that inspired Dark Waters, the major motion picture from Focus Features starring Mark Ruffalo and Anne Hathaway, directed by Todd Haynes. 1998: Rob Bilott is a young lawyer specializing in helping big corporations stay on the right side of environmental laws and regulations. Then he gets a phone call from a West Virginia farmer named Earl Tennant, who is convinced the creek on his property is being poisoned by runoff from a neighboring DuPont landfill, causing his cattle and the surrounding wildlife to die in hideous ways. Earl hasn’t even been able to get a water sample tested by any state or federal regulatory agency or find a local lawyer willing to take the case. As soon as they hear the name DuPont—the area’s largest employer—they shut him down. Once Rob sees the thick, foamy water that bubbles into the creek, the gruesome effects it seems to have on livestock, and the disturbing frequency of cancer and other health problems in the area, he’s persuaded to fight against the type of corporation his firm routinely represents. After intense legal wrangling, Rob ultimately gains access to hundreds of thousands of pages of DuPont documents, some of them fifty years old, that reveal the company has been holding onto decades of studies proving the harmful effects of a chemical called PFOA, used in making Teflon. PFOA is often called a “forever chemical,” because once in the environment, it does not break down or degrade for millions of years, contaminating the planet forever. The case of one farmer soon spawns a class action suit on behalf of seventy thousand residents—and the shocking realization that virtually every person on the planet has been exposed to PFOA and carries the chemical in his or her blood. What emerges is a riveting legal drama “in the grand tradition of Jonathan Harr’s A Civil Action” (Booklist, starred review) about malice and manipulation, the failings of environmental regulation; and one lawyer’s twenty-year struggle to expose the truth about this previously unknown—and still unregulated—chemical that we all have inside us.