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7 books match the query 'Class actions (Civil procedure)'

cover of Individual Justice in Mass Tort Litigation

Individual Justice in Mass Tort Litigation

Jack B. Weinstein

Northwestern University Press, 1994

Documenting a prominent jurist's efforts, a collection of case studies examines his successes with Vietnam veteran exposure to Agent Orange, asbestos, and DES and repetitive stress syndrome, describes current legal attitudes, and recommends compassionate alternatives.
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cover of Inside a Class Action: The Holocaust and the Swiss Banks

Inside a Class Action

The Holocaust and the Swiss Banks

Jane Schapiro

University of Wisconsin Press, 2003

    On October 21, 1996, attorney Michael Hausfeld, with a team of lawyers, filed a class-action complaint against Union Bank of Switzerland, Swiss Bank Corporation, and Credit Suisse on behalf of Holocaust victims. The suit accused the banks of, among other things, acting as the chief financiers for Nazi Germany. Hausfeld wanted to use the suit to prove that the banks not only concealed and refused to return millions of dollars in dormant accounts, but that they acted as a conduit for looted assets and slave labor profits. Such behavior, he charged, violated the code of ethics known as customary international law. On August 12, 1998, the plaintiffs and banks reached a $1.25 billion settlement.
    Through interviews with a wide range of people involved in the case and detailed research of documents and court transcripts, Jane Schapiro shows the ways that egos, personalities, and values clash in such a complex and emotionally charged case. Inside a Class Action provides an insider’s view of a major lawsuit from its inception to its conclusion, which will appeal to anyone interested in human rights, reparations, and international law.

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cover of Lawsuits in a Market Economy: The Evolution of Civil Litigation

Lawsuits in a Market Economy

The Evolution of Civil Litigation

Stephen C. Yeazell

University of Chicago Press, 2018

Some describe civil litigation as little more than a drag on the economy; Others hail it as the solution to most of the country’s problems. Stephen C. Yeazell argues that both positions are wrong. Deeply embedded in our political and economic systems, civil litigation is both a system for resolving disputes and a successful business model, a fact that both its opponents and its fans do their best to conceal.

Lawsuits in a Market Economy explains how contemporary civil litigation in the United States works and how it has changed over the past century. The book corrects common misconceptions—some of which have proved remarkably durable even in the face of contrary evidence—and explores how our constitutional structure, an evolving economy, and developments in procedural rules and litigation financing systems have moved us from expecting that lawsuits end in trial and judgments to expecting that they will end in settlements. Yeazell argues that today’s system has in some ways overcome—albeit inconsistently—disparities between the rich and poor in access to civil justice. Once upon a time, might regularly triumphed over right. That is slightly less likely today—even though we continue to witness enormous disparities in wealth and power.

The book concludes with an evaluation of recent changes and their possible consequences.
 
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cover of Mass Torts in a World of Settlement

Mass Torts in a World of Settlement

Richard A. Nagareda

University of Chicago Press, 2007

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.

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cover of Suing the Gun Industry: A Battle at the Crossroads of Gun Control and Mass Torts

Suing the Gun Industry

A Battle at the Crossroads of Gun Control and Mass Torts

Timothy D. Lytton

University of Michigan Press, 2005

"Mass tort litigation against the gun industry, with its practical weaknesses, successes, and goals, provides the framework for this collection of thoughtful essays by leading social scientists, lawyers, and academics. . . . These informed analyses reveal the complexities that make the debate so difficult to resolve. . . . Suing the Gun Industry masterfully reveals the many details contributing to the intractability of the gun debate."
-New York Law Journal

"Second Amendment advocate or gun-control fanatic, all Americans who care about freedom need to read Suing the Gun Industry."
-Bob Barr, Member of Congress, 1995-2003, and Twenty-First Century Liberties Chair for Freedom and Privacy, American Conservative Union

"The source for anyone interested in a balanced analysis of the lawsuits against the gun industry."
-David Hemenway, Professor of Health Policy & Director, Harvard Injury Control Research Center Harvard School of Public Health Health Policy and Management Department, author of Private Guns, Public Health

"Highly readable, comprehensive, well-balanced. It contains everything you need to know, and on all sides, about the wave of lawsuits against U.S. gun manufacturers."
-James B. Jacobs, Warren E. Burger Professor of Law and author of Can Gun Control Work?

"In Suing the Gun Industry, Timothy Lytton has assembled some of the leading scholars and advocates, both pro and con, to analyze this fascinating effort to circumvent the well-known political obstacles to more effective gun control. This fine book offers a briefing on both the substance and the legal process of this wave of lawsuits, together with a better understanding of the future prospects for this type of litigation vis-à-vis other industries."
-Philip J. Cook, Duke University

"An interesting collection, generally representing the center of the gun-control debate, with considerable variation in focus, objectivity, and political realism."
-Paul Blackman, retired pro-gun criminologist and advocate

Gun litigation deserves a closer look amid the lessons learned from decades of legal action against the makers of asbestos, Agent Orange, silicone breast implants, and tobacco products, among others.

Suing the Gun Industry collects the diverse and often conflicting opinions of an outstanding cast of specialists in law, public health, public policy, and criminology and distills them into a complete picture of the intricacies of gun litigation and its repercussions for gun control.

Using multiple perspectives, Suing the Gun Industry scrutinizes legal action against the gun industry. Such a broad approach highlights the role of this litigation within two larger controversies: one over government efforts to reduce gun violence, and the other over the use of mass torts to regulate unpopular industries.

Readers will find Suing the Gun Industry a timely and accessible picture of these complex and controversial issues.


Contributors:
Tom Baker
Donald Braman
Brannon P. Denning
Tom Diaz
Howard M. Erichson
Thomas O. Farrish
Shannon Frattaroli
John Gastil
Dan M. Kahan
Don B. Kates
Timothy D. Lytton
Julie Samia Mair
Richard A. Nagareda
Peter H. Schuck
Stephen D. Sugarman
Stephen Teret
Wendy Wagner
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cover of Suing the Tobacco and Lead Pigment Industries: Government Litigation as Public Health Prescription

Suing the Tobacco and Lead Pigment Industries

Government Litigation as Public Health Prescription

Donald G. Gifford

University of Michigan Press, 2010

"The topic, how tort law evolved over time into a system that allowed, for a moment at least, a parens patriae form of massive litigation against corporations, is exceedingly interesting and important. Gifford's treatment of this topic is highly informative, engaging, insightful, very current, and wise."
---David Owen, Carolina Distinguished Professor of Law, and Director of Tort Law Studies, University of South Carolina
 
In Suing the Tobacco and Lead Pigment Industries, legal scholar Donald G. Gifford recounts the transformation of tort litigation in response to the challenge posed by victims of 21st-century public health crises who seek compensation from the product manufacturers. Class action litigation promised a strategy for documenting collective harm, but an increasingly conservative judicial and political climate limited this strategy. Then, in 1995, Mississippi attorney general Mike Moore initiated a parens patriae action on behalf of the state against cigarette manufacturers. Forty-five other states soon filed public product liability actions, seeking both compensation for the funds spent on public health crises and the regulation of harmful products.
 
Gifford finds that courts, through their refusal to expand traditional tort claims, have resisted litigation as a solution to product-caused public health problems. Even if the government were to prevail, the remedy in such litigation is unlikely to be effective. Gifford warns, furthermore, that by shifting the powers to regulate products and to remediate public health problems from the legislature to the state attorney general, parens patriae litigation raises concerns about the appropriate allocation of powers among the branches of government.
 
Donald G. Gifford is the Edward M. Robertson Research Professor of Law at the University of Maryland School of Law.
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cover of The Conservative Case for Class Actions

The Conservative Case for Class Actions

Brian T. Fitzpatrick

University of Chicago Press, 2019

Since the 1960s, the class action lawsuit has been a powerful tool for holding businesses accountable. Yet years of attacks by corporate America and unfavorable rulings by the Supreme Court have left its future uncertain. In this book, Brian T. Fitzpatrick makes the case for the importance of class action litigation from a surprising political perspective: an unabashedly conservative point of view.
           
Conservatives have opposed class actions in recent years, but Fitzpatrick argues that they should see such litigation not as a danger to the economy, but as a form of private enforcement of the law. He starts from the premise that all of us, conservatives and libertarians included, believe that markets need at least some rules to thrive, from laws that enforce contracts to laws that prevent companies from committing fraud. He also reminds us that conservatives consider the private sector to be superior to the government in most areas. And the relatively little-discussed intersection of those two beliefs is where the benefits of class action lawsuits become clear: when corporations commit misdeeds, class action lawsuits enlist the private sector to intervene, resulting in a smaller role for the government, lower taxes, and, ultimately, more effective solutions.
           
Offering a novel argument that will surprise partisans on all sides, The Conservative Case for Class Actions is sure to breathe new life into this long-running debate.
 
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