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Full-Text Articles in Torts
From Privacy To Publicity: The Tort Of Appropriation In The Age Of Mass Consumption, Samantha Barbas
From Privacy To Publicity: The Tort Of Appropriation In The Age Of Mass Consumption, Samantha Barbas
Journal Articles
No abstract provided.
How Long Is Forever This Time? The Broken Promise Of Bankruptcy Trusts, S. Todd Brown
How Long Is Forever This Time? The Broken Promise Of Bankruptcy Trusts, S. Todd Brown
Journal Articles
Bankruptcy trusts consistently fail to protect the interests of future claimants as contemplated by Section 524(g) of the Bankruptcy Code. Although this reality is generally understood, the extent of this failure has not been examined. And, as demonstrated in this study, the degree to which trusts are failing future victims is greater than commonly realized. More than two-thirds of the trusts that have completed their initial claims processing are paying new asbestos personal injury victims at or near historically low rates, and several others appear to be defunct or inactive. Nearly two-thirds of the trusts that remain active have reduced …
Bankruptcy Trusts, Transparency And The Future Of Asbestos Compensation, S. Todd Brown
Bankruptcy Trusts, Transparency And The Future Of Asbestos Compensation, S. Todd Brown
Journal Articles
As we enter the fifth decade of asbestos personal injury litigation, much of the debate over its immediate future centers on the operations of bankruptcy trusts and their relationship to the tort system. Roughly 100 companies have entered bankruptcy as a result of their unsustainable asbestos liabilities, and, from these bankruptcies, approximately 60 trusts have been established or are in the process of being established. Some critics contend that the trust system is plagued by fraud and abuse; allowing plaintiffs' lawyers to obtain compensation from the trusts for fraudulent claims and to evade relevant discovery obligations under applicable state law. …
Plaintiff Control And Domination In Multidistrict Mass Torts, S. Todd Brown
Plaintiff Control And Domination In Multidistrict Mass Torts, S. Todd Brown
Journal Articles
No abstract provided.
Perception And Decision At The Threshold Of Tort Law: Explaining The Infrequency Of Claims, David M. Engel
Perception And Decision At The Threshold Of Tort Law: Explaining The Infrequency Of Claims, David M. Engel
Journal Articles
Although numerous studies have confirmed that tort victims rarely litigate and that most simply "lump" their losses, we lack an understanding of why this should be so. Why do the vast majority of injured persons choose inaction over action? Explanations relying on rational actor theories on the one hand or cultural determinism on the other have been sharply challenged by recent studies of mind, culture, and cognition, particularly with respect to individual responses to physical trauma and disablement. This article, drawing on a broad interdisciplinary literature dealing with injury victims, proposes a new model of perception and decision by persons …