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Articles 1 - 12 of 12
Full-Text Articles in Law
Climate Change And The Public Law Model Of Torts: Reinvigorating Judicial Restraint Doctrines, Donald G. Gifford
Climate Change And The Public Law Model Of Torts: Reinvigorating Judicial Restraint Doctrines, Donald G. Gifford
Donald G Gifford
The Article traces the origins of climate change litigation back to earlier forms of “public interest tort litigation,” including government actions against the manufacturers of cigarettes, handguns and lead pigment. Public interest tort litigation is different in kind from traditional tort actions, even asbestos and other mass products litigation. These new lawsuits address society-wide or even worldwide problems and seek judicially imposed regulatory regimes. As such, they more closely resemble civil rights litigation and what Abram Chayes deemed “the public law model” than they do earlier tort actions. I conclude that the public law model of tort litigation is the …
Market Share Liability Beyond Des Cases: The Solution To The Causation Dilemma In Lead Paint Litigation?, Donald G. Gifford, Paolo Pasicolan
Market Share Liability Beyond Des Cases: The Solution To The Causation Dilemma In Lead Paint Litigation?, Donald G. Gifford, Paolo Pasicolan
Donald G Gifford
Over 300,000 young children in America—disproportionately poor and children of color—suffer from childhood lead poisoning. This disease ordinarily is caused by the deterioration of lead paint into flakes, chips, and dust that children ingest or inhale. Victims of childhood lead poisoning have tried to sue manufacturers of lead paint or lead pigment, but they face a seemingly insurmountable obstacle. Traditional tort law requires a plaintiff to prove that a specific tortfeasor caused the harm. This is almost impossible in the lead paint context because the paint that caused the harm usually consists of many layers, applied over the course of …
Impersonating The Legislature: State Attorneys General And Parens Patriae Product Litigation, Donald G. Gifford
Impersonating The Legislature: State Attorneys General And Parens Patriae Product Litigation, Donald G. Gifford
Donald G Gifford
The state attorney general has emerged during the past decade as a “super plaintiff” in state parens patriae litigation against manufacturers of cigarettes, automobiles, lead paint, and pharmaceuticals. Attorneys general sue on behalf of their states as the collective plaintiff, seeking reimbursement for the costs of treating or preventing product-caused diseases suffered by individual residents, even though such individual victims would not themselves be able to recover as plaintiffs. More importantly, they seek to supplant the regulatory regimes previously enacted by Congress, the state legislature, or federal agencies with one that reflects their own visions. This Article traces how state …
Market Share Liability Beyond Des Cases: The Solution To The Causation Dilemma In Lead Paint Litigation?, Donald G. Gifford, Paolo Pasicolan
Market Share Liability Beyond Des Cases: The Solution To The Causation Dilemma In Lead Paint Litigation?, Donald G. Gifford, Paolo Pasicolan
Donald G Gifford
Over 300,000 young children in America—disproportionately poor and children of color—suffer from childhood lead poisoning. This disease ordinarily is caused by the deterioration of lead paint into flakes, chips, and dust that children ingest or inhale. Victims of childhood lead poisoning have tried to sue manufacturers of lead paint or lead pigment, but they face a seemingly insurmountable obstacle. Traditional tort law requires a plaintiff to prove that a specific tortfeasor caused the harm. This is almost impossible in the lead paint context because the paint that caused the harm usually consists of many layers, applied over the course of …
Suing The Tobacco And Lead Pigment Industries: Government Litigation As Public Health Prescription, Donald G. Gifford
Suing The Tobacco And Lead Pigment Industries: Government Litigation As Public Health Prescription, Donald G. Gifford
Donald G Gifford
In Suing the Tobacco and Lead Pigment Industries, legal scholar Donald G. Gifford recounts the transformation of tort litigation in response to the challenge posed by victims of 21st-century public health crises who seek compensation from the product manufacturers. Class action litigation promised a strategy for documenting collective harm, but an increasingly conservative judicial and political climate limited this strategy. Then, in 1995, Mississippi attorney general Mike Moore initiated a parens patriae action on behalf of the state against cigarette manufacturers. Forty-five other states soon filed public product liability actions, seeking both compensation for the funds spent on public health …
The Synthesis Of Legal Counseling And Negotiation Models: Preserving Client-Centered Advocacy In The Negotiation Context, Donald G. Gifford
The Synthesis Of Legal Counseling And Negotiation Models: Preserving Client-Centered Advocacy In The Negotiation Context, Donald G. Gifford
Donald G Gifford
No abstract provided.
The Death Of Causation: Mass Products Torts' Incomplete Incorporation Of Social Welfare Principles, Donald G. Gifford
The Death Of Causation: Mass Products Torts' Incomplete Incorporation Of Social Welfare Principles, Donald G. Gifford
Donald G Gifford
Legal actions against the manufacturers of disease-causing products, such as cigarettes and asbestos insulation, have redefined the landscape of tort liability during the past generation. These actions bedevil courts, because any particular victim often is unable to identify the manufacturer whose product caused her harm. Increasingly, but inconsistently, courts allow victims to recover without proof of individualized causation. This article argues that instrumental approaches seek to turn mass products tort law into the equivalent of a social welfare program, not unlike workers’ compensation or Social Security. As with any such program, the accident compensation system must include compensation entitlement boundaries, …
The Causes Of The Medical Malpractice Crisis: An Analysis Of Claims Data And Insurance Company Finances, David J. Nye, Donald G. Gifford, Bernard L. Webb, Marvin A. Dewar
The Causes Of The Medical Malpractice Crisis: An Analysis Of Claims Data And Insurance Company Finances, David J. Nye, Donald G. Gifford, Bernard L. Webb, Marvin A. Dewar
Donald G Gifford
No abstract provided.
Litigation Trends In Florida: Saga Of A Growth State, Donald G. Gifford, David J. Nye
Litigation Trends In Florida: Saga Of A Growth State, Donald G. Gifford, David J. Nye
Donald G Gifford
No abstract provided.
Calabresi's The Costs Of Accidents: A Generation Of Impact On Law And Scholarship, Donald G. Gifford
Calabresi's The Costs Of Accidents: A Generation Of Impact On Law And Scholarship, Donald G. Gifford
Donald G Gifford
No abstract provided.
Public Nuisance As A Mass Products Liability Tort, Donald G. Gifford
Public Nuisance As A Mass Products Liability Tort, Donald G. Gifford
Donald G Gifford
No abstract provided.
The Peculiar Challenges Posed By Latent Diseases Resulting From Mass Products, Donald G. Gifford
The Peculiar Challenges Posed By Latent Diseases Resulting From Mass Products, Donald G. Gifford
Donald G Gifford
Legal actions against manufacturers of products that cause latent diseases, such as asbestos products, cigarettes, lead-pigment, and Agent Orange, are the signature torts of our time. Yet within this rather important subset of tort liability, it is unlikely that the imposition of liability actually results in loss prevention. Three factors, present in varying combinations in the context of latent diseases resulting from product exposure, frustrate the deterrent impact of liability. First, an extended period of time—sometimes decades—passes between the time of the manufacturer’s distribution of the product and the imposition of liability. Second, the accident compensation system frequently is unable …