Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Toward The Proper Role For Mass Tort Class Actions, Mary J. Davis
Toward The Proper Role For Mass Tort Class Actions, Mary J. Davis
Law Faculty Scholarly Articles
This Article seeks to advance the use of mass tort class actions and proposes that they are not only appropriate, but desirable, when evaluated against the backdrop of substantive tort law policies. Moreover, the substantive goals of tort law as applied in the mass tort context support the conclusion that the individualized case-by-case adjudication standard, as applied through our adversary system as it is presently constituted, fails to further the search for fairness as well as truth in the mass tort context, and therefore, does not achieve the fairness or justice that we seek through our judicial process.
The guiding …
Summary Adjudication In United States Civil Procedure, Mary J. Davis
Summary Adjudication In United States Civil Procedure, Mary J. Davis
Law Faculty Scholarly Articles
This article uses one of the high profile mass tort cases of recent decades, the complex silicone gel-filled breast implant products liability litigation, to evaluate summary adjudication measures. Recognizing that not all claims filed are complex tort claims (just the most interesting ones), where commercial claims present the opportunity for use of summary proceedings, those will be discussed as well, particularly regarding mechanisms by which security for a creditor-plaintiffs claim can be obtained prior to a favorable verdict.
While preparing this Report, it became clear that the author has a particular view of what constitutes a "summary adjudication" procedure, but …