On its simplest level, the purpose of this book is to explain the legal rules applicable to cases of large scale claims, typically in "product liability" and "mass torts." The book builds on a recognition that there is a field of practice--and, increasingly, of legal study--which demands a working comprehension of the way in which a number of apparently diverse fields of practice interact in the modern courtroom. These practice areas include, but are not limited to, product liability, torts, corporation law, evidence, conflict of laws, class actions, and the law of remedies.
Large scale claims have generated significant changes to both substantive and procedural rules as courts struggle to reconcile modern models of production and consumption with the requirements of justice in the enforcement of private and public obligations. It is this struggle which The Law of Large-Scale Claims addresses.
"The Law of Large-Scale Claims is an important work and should be an illuminating read for students, instructors, policymakers, legislators, and members of the bench and bar."
Table of Contents
Chapter 1: Causes of Action in Product Liability
Chapter 2: Causes of Action in Mass Tort
Chapter 3: Remedies in Large Scale Claims
Chapter 4: The Problem of Indeterminate Causation
Chapter 5: Problems of Proof
Chapter 6: The Problem of Corporate Groups
Chapter 7: Class Proceedings
Chapter 8: Some Emerging Issues Regarding Class Actions
Chapter 9: Conflict of Laws in Large Scale Claims
Chapter 10: Interjurisdictional Class Actions
Table of Cases