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Public Nuisance At The Crossroads: Policing The Intersection Between Statutory Primacy And Common Law, Richard O. Faulk, John S. Gray
Public Nuisance At The Crossroads: Policing The Intersection Between Statutory Primacy And Common Law, Richard O. Faulk, John S. Gray
Richard Faulk
Public nuisance is at the “crossroads” in California. The California lead paint litigation may be the end – or a new beginning – of mass tort proceedings against product manufacturers based upon public nuisance, as opposed to traditional strict product liability. The controversy lies squarely at the intersection of statutory and common law – an interchange that has grown increasingly more complex since California’s laws were codified in 1850, and since public nuisance was codified as a tort in 1872. The dispute is framed by this singular legal history and the complex jurisprudence the state has developed to simultaneously empower …
Dispelling The Myths Of Asbestos Litigation: Solutions For Common Law Courts, Richard O. Faulk
Dispelling The Myths Of Asbestos Litigation: Solutions For Common Law Courts, Richard O. Faulk
Richard Faulk
After the Berlin wall fell in 1990, it appeared that the term "cold war" had outlived its usefulness. But thirteen years later, another "cold war" is being fought -- not between apprehensive armies in Berlin, but in our nation's courts as they struggle to resolve hundreds of thousands of asbestos claims filed against American industry. Like the first "cold war," the present one involves a great deal of action that takes place below the "radar screen." Thousands of cases are filed annually, lawyers line up on both sides and spend billions prosecuting and defending them. Then for various reasons, including …