Individual justice in mass tort litigations : the effect of class actions, consolidations, and other multiparty devices /

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Bibliographic Details
Author / Creator:Weinstein, Jack B.
Imprint:Evanston, Ill. : Northwestern University Press, c1995.
Description:xvii, 367 p. ; 24 cm.
Subject:Torts -- United States.
Complex litigation -- United States.
Class actions (Civil procedure)
Complex litigation.
Justice, Administration of.
United States.
Format: Print Book
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Notes:Includes bibliographical references and index.
Table of Contents:
  • Ch. 1. Overview
  • Ch. 2. The Law's Reaction to Disasters. A. Types of Disasters. 1. Clear Cause - Single Event - Injuries Proximate in Time and Space. 2. Clear Cause - Multiple Events - Injuries Nonproximate in Place. 3. Unclear Cause - Multiple Events - Injuries Nonproximate in Time and Place. 4. Unclear Cause - Multiple Events - Injuries Nonproximate in Time and Place - Identities of Both Producers and Injured Unclear. B. Jurisdiction Implicated. 1. Intrastate. 2. Interstate. 3. International. C. Desirable Conditions for Disaster Management by Courts. 1. Concentration of Decision Making. 2. Single Forum. 3. Single, Known Substantive Law. 4. Support to Trier. 5. Flexible, Controlled Fact-Finding. 6. Cap on Award and Method of Allocation. 7. Single Distribution Plan. D. Procedural Tools and Models. 1. Multidistrict Litigation and Other Consolidation Procedures. 2. Class Actions. 3. Attorney Cooperation - Specialists and Lead Attorneys. 4. Private Settlements - Ad Hoc and Institutional. 5. Court Administration and Added Personnel. 6. Compensation Schemes and Legislated Limits on Liability. 7. Claims Commissions. 8. International Conventions. 9. Hybrid Government Sponsored Protection Plans. 10. Specialized Courts. E. Proposals for Change. 1. National Disaster Court. 2. Switching Cases among State and Federal Courts. 3. Binational and Multinational Tribunals. 4. Planning for Disasters. F. Conclusion
  • Ch. 3. General Problems of Ethics in Modern Cases. A. The Changing World of Mass Cases. B. Administrative Procedural Level. C. Traditional Ethical Rules. D. Communitarian and Communicatarian Ethics
  • Ch. 4. Ethics of Lawyers. A. Communication. 1. The Problem. 2. Fostering Communication in a Mass Society. B. Conflicts of Interest. 1. Lawyer-Client. 2. Client-Client. C. Secrecy. 1. Documents and Oral Admissions Relating to Merits. 2. Settlement Amounts. 3. Withdrawal of Opinions. D. Buyouts. E. Aggregate Settlements. F. Financing. G. Fees. 1. Plaintiffs. 2. Defense. H. Cooperation and Conflict among Attorneys. 1. Plaintiff's Attorneys. 2. Defendants. I. Tentative Answers
  • Ch. 5. Ethics of Judges. A. Traditional View. B. Obligation to Community. C. Communication with Community. 1. Educating the Court. 2. Listening to the Community. 3. Speaking to the Community. D. Settlement and Beyond. 1. Involvement in Settlement. 2. Continuing Influence after Settlement. 3. Postsettlement Trusts and Other Institutions. E. Extrajudicial Assistance. 1. Traditional View. 2. Special Masters. 3. Experts. F. Uniformity of Rules of Ethics. G. Summary of Judges' Role
  • Ch. 6. Ethics of Parties
  • Ch. 7. Ethics of Scientists
  • Ch. 8. Ethics of Legislatures
  • Ch. 9. Equitable Powers of Courts to Adapt to Modern Mass Torts Requirements
  • A. Introduction. B. Procedural Techniques and Mass Torts. 1. History. 2. Federal Rules of Civil Procedure and Triumph of Equity. 3. Procedural Joinder and Management Devices. C. Substantive Law. 1. History. 2. Modern Innovations. D. Settlement Funds and Distribution Plans. 1. Generally. 2. Examples of Compensation Funds. E. Criticism of Equity Initiatives. F. Conclusion
  • Ch. 10. The Future.