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Determining Trial Type In Complex Toxic Tort And Environmental Cases, Richard Faulk
Determining Trial Type In Complex Toxic Tort And Environmental Cases, Richard Faulk
Richard Faulk
Generally, there are four trial options available for dealing with complex multi-party cases, although they can be blended or combined in a number of ways. They include: a conventional plenary trial for all plaintiffs and all defendants on all issues; one or more separate trials on issues, such as limitations or causation; "pilot" or "bellwether" trials for selected plaintiffs against all defendants on all issues; and class actions where the claims of class representatives are tried in a plenary fashion. This article examines these options and their relative benefits and disadvantages.
Knowing Just Enough To Be Dangerous: A Primer For Complex Toxic Tort And Environmental Cases, Richard Faulk
Knowing Just Enough To Be Dangerous: A Primer For Complex Toxic Tort And Environmental Cases, Richard Faulk
Richard Faulk
"Complexity" is a hallmark of toxic tort and environmental litigation. To be sure, these cases present complex factual, medical, and scientific issues. The extent of the "complexity," however, depends largely upon the trial lawyer's ability to recognize the issues that actually require extensive attention. This article deals with a number of practical problems facing lawyers in complex toxic tort and environmental cases.
Limitations Inherent In The Title To Wetlands At Common Law, Fred P. Bosselman
Limitations Inherent In The Title To Wetlands At Common Law, Fred P. Bosselman
Fred P. Bosselman
No abstract provided.