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Full-Text Articles in Law
The Unwarranted Conclusions Drawn From Vincent V. Lake Erie Transportation Co. Concerning The Defense Of Necessity, George C. Christie
The Unwarranted Conclusions Drawn From Vincent V. Lake Erie Transportation Co. Concerning The Defense Of Necessity, George C. Christie
Faculty Scholarship
No abstract provided.
A Proposed Settlement Rule For Mass Torts, Francis Mcgovern
A Proposed Settlement Rule For Mass Torts, Francis Mcgovern
Faculty Scholarship
Abstract not available
The Evolution Of Asbestos Bankruptcy Trust Distribution Plans, Francis Mcgovern
The Evolution Of Asbestos Bankruptcy Trust Distribution Plans, Francis Mcgovern
Faculty Scholarship
The evolution of asbestos litigation from the early 1970s to the present has become the source of much analysis. One commentator divides this history into several phases: the heroic phase, bureaucratic floundering, adaptation and maturity, search for global settlement, expansion of the number of cases, and legislative reform in a new era. A neglected aspect of the history of asbestos litigation has been the evolution of asbestos bankruptcy trust distribution plans. Since 1982 there have been more than 70 corporations which have filed bankruptcy proceedings because of their exposure to asbestos liability. As these corporations emerge from bankruptcy, their plans …
Reining In The Data Traders: A Tort For The Misuse Of Personal Information, Sarah Ludington
Reining In The Data Traders: A Tort For The Misuse Of Personal Information, Sarah Ludington
Faculty Scholarship
In 2005, three spectacular data security breaches focused public attention on the vast databases of personal information held by data traders such as ChoicePoint and LexisNexis, and the vulnerability of that data. The personal information of hundreds of thousands of people had either been hacked or sold to identity thieves, yet the data traders refused to reveal to those people the specifics of the information sold or stolen. While Congress and many state legislatures swiftly introduced bills to force data traders to be more accountable to their data subjects, fewer states actually enacted laws, and none of the federal bills …
Brief Amici Curiae In Support Of Respondent, Phillip Morris, Usa, Neil Vidmar
Brief Amici Curiae In Support Of Respondent, Phillip Morris, Usa, Neil Vidmar
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Brief of Neil Vidmar, et al. Amici Curiae in support of Respondent, Phillip Morris, USA v. Williams, No. 15-1256 (U.S. Supreme Court, September 15, 2006) In Williams v. Philip Morris (1999) an Oregon jury awarded the plaintiff $800,000 in compensatory damages and $79.5 million in punitive damages, a verdict upheld by the Oregon Supreme Court, but appealed to the U.S. Supreme Court (oral argument set for Oct 31, 2006). Critics of punitive damages argue that (a) juries are incompetent, irrational or biased in awarding punitive damages and (b) judges and appellate courts fail to police excessive verdicts. This amicus brief …
A Model Mass Tort: The Ppa Experience, Francis Mcgovern, Barbara J. Rothstein, Sara Jael Dion
A Model Mass Tort: The Ppa Experience, Francis Mcgovern, Barbara J. Rothstein, Sara Jael Dion
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Abstract not available
A Model State Mass Tort Settlement Statute, Francis Mcgovern
A Model State Mass Tort Settlement Statute, Francis Mcgovern
Faculty Scholarship
Abstract not available