Mass Tort Litigation Blog tag:typepad.com,2003:weblog-500233 2013-05-15T15:01:02Z A Member of the Law Professor Blogs Network TypePad MassTortLitigationBloghttp://feedburner.google.com Distributive Justice in Action tag:typepad.com,2003:post-6a00d8341bfae553ef0191022ab0b8970c 2013-05-15T08:01:02-07:00 2013-05-15T15:01:02Z There is a very nice, lauditory article on Kenneth Feinberg in the New York Times today: "One Man Disperses Charity After Tragedy in Boston." The interesting thing about the compensation funds Feinberg is often asked to run are the way... Joe Tort Distributive Justice in Action tag:typepad.com,2003:post-6a00d8341bfae553ef017eeb321e5d970d 2013-05-15T08:01:00-07:00 2013-05-15T15:01:00Z There is a very nice, lauditory article on Kenneth Feinberg in the New York Times today: "One Man Disperses Charity After Tragedy in Boston." The interesting thing about the compensation funds Feinberg is often asked to run are the way... Joe Tort Engle's Progeny March On tag:typepad.com,2003:post-6a00d8341bfae553ef017eeab0573b970d 2013-04-29T19:30:21-07:00 2013-04-30T02:30:21Z Earlier this month two tobacco trials with origins in the Florida Supreme Court's affirmation of classwide issue preclusion in Engle resulted in large awards. Searcy v. R.J. Reynolds Tobacco Co., M.D. Fla., No. 3:09-cv-13723, verdict rendered 4/1/13. 26 million. Aycock... Joe Tort One Fund Boston tag:typepad.com,2003:post-6a00d8341bfae553ef01901b947535970b 2013-04-25T13:46:04-07:00 2013-04-25T20:46:21Z Over at the Conglomerate Blog, Christine Hurt has a great post on the One Fund Boston and individual victim fundraising. Her blog post is entitled One Fund Boston, Torts and Social Capital. ADL Joe Tort Adequately Representing Groups tag:typepad.com,2003:post-6a00d8341bfae553ef017d42e1a3f8970c 2013-04-17T10:32:54-07:00 2013-04-17T17:32:54Z As we as scholars and practictioners begin to explore class action alternatives, one problem continues to arise: when to preclude subsesequent litigation. Of course, this problem arose early on in the class action's history, most notably with (b)(2) civil rights... Joe Tort Dodge on Disaggregative Mechanisms tag:typepad.com,2003:post-6a00d8341bfae553ef017eea54dd96970d 2013-04-17T07:06:30-07:00 2013-04-17T14:06:30Z Jaime Dodge (Georgia) has posted Disaggregative Mechanisms: The New Frontier of Mass-Claims Resolution Without Class Actions on SSRN. Here's the abstract: Aggregation has long been viewed as the primary if not sole vehicle for mass claims resolution. For a half-century,... Joe Tort Epstein on Comcast tag:typepad.com,2003:post-6a00d8341bfae553ef017eea3269c9970d 2013-04-12T08:56:45-07:00 2013-04-12T16:34:43Z I want to point out that Richard Epstein just posted a nice column on Comcast v. Behrend, which can be found here. In the column Epstein puts nicely one of the points I tried to make in my last post... Joe Tort Comcast Puzzles tag:typepad.com,2003:post-6a00d8341bfae553ef017d42a12bd6970c 2013-04-08T08:23:16-07:00 2013-04-08T15:50:50Z Hi everyone. It has been a while since I rapped at ya. I recently did an opinion analysis of Comcast v. Behrend for SCOTUSBlog (see here). I have been puzzling over the opinion ever since, and I was wondering what... Joe Tort Lessons from Chevron: Symposium Videos tag:typepad.com,2003:post-6a00d8341bfae553ef017d4292cf9e970c 2013-04-06T04:16:33-07:00 2013-04-06T11:16:33Z For those who were unable to attend the "Lessons from Chevron" symposium at Stanford Law School in February, the conference website now has links to videotapes of the panels. Some of the panels focused directly on the Chevron-Ecuador environmental litigation... Joe Tort The Chevron-Ecuador Litigation and Forum Non Conveniens tag:typepad.com,2003:post-6a00d8341bfae553ef017c38606c1d970b 2013-04-05T15:13:10-07:00 2013-04-05T22:13:10Z I have posted a new paper on SSRN entitled The Chevron-Ecuador Dispute, Forum Non Conveniens, and the Problem of Ex Ante Inadequacy. Here is the abstract: This essay, written for the 2013 Stanford Journal of Complex Litigation symposium on lessons... Joe Tort Fallout from Behrend tag:typepad.com,2003:post-6a00d8341bfae553ef017ee9ec9a15970d 2013-04-02T07:00:56-07:00 2013-04-02T14:28:14Z BNA Law Week reports that the Supreme Court granted cert, vacated the judgments and remanded two class actions yesterday. RBS Citizens NA v. Ross, U.S., No. 12-165, certiorari granted, judgment vacated, remanded 4/1/13; Whirlpool v. Glazer Corp., U.S., No. 12-322,... Joe Tort The Problem of Settlement Class Actions tag:typepad.com,2003:post-6a00d8341bfae553ef017d4274509e970c 2013-04-01T16:10:10-07:00 2013-04-01T23:10:10Z I have posted a new paper, The Problem of Settlement Class Actions, on SSRN. It makes the argument that we should abandon settlement-only class actions as a means of resolving mass disputes. The article focuses first on problems of leverage,... Joe Tort GW Class Action Symposium tag:typepad.com,2003:post-6a00d8341bfae553ef017d42738bde970c 2013-04-01T13:24:41-07:00 2013-04-01T20:24:41Z For those who were unable to attend the excellent conference on class actions that was held last month at George Washington Law School, video recordings of the panels can now be found on the conference website. HME Joe Tort Zachary Savage on Implementing Issue Preclusion in Mass Tort Litigation Through Bellwether Trials tag:typepad.com,2003:post-6a00d8341bfae553ef017ee9d60f26970d 2013-03-29T12:17:43-07:00 2013-03-29T19:17:43Z Zachary Savage (J.D. Candidate, NYU), has posted to SSRN his student note, Scaling Up: Implementing Issue Preclusion in Mass Tort Litigation Through Bellwether Trials, N.Y.U. L. Rev. (forthcoming 2013). Here's the abstract: The civil litigation system aims to resolve disputes... Joe Tort Comcast v. Behrend tag:typepad.com,2003:post-6a00d8341bfae553ef017c38258cc3970b 2013-03-27T10:06:09-07:00 2013-03-27T17:06:09Z The Supreme Court released its decision in Comcast v. Behrend today. The Court (with Justice Scalia writing for the majority) overturned the 3rd Circuit and held that the plaintiff does need to introduce evidence in support of its damages model... Joe Tort Goldhaber on the Chevron-Ecuador Litigation tag:typepad.com,2003:post-6a00d8341bfae553ef017ee9a78299970d 2013-03-22T11:15:23-07:00 2013-03-22T18:13:24Z At Corporate Counsel, there's an interesting piece by journalist Michael Goldhaber entitled Kindergarten Lessons from Chevron in Ecuador. Goldhaber, who has been following this massive and messy litigation for years, offers what he sees as some of the true and... Joe Tort Stanley Chesley Disbarred tag:typepad.com,2003:post-6a00d8341bfae553ef017d422de629970c 2013-03-21T18:13:10-07:00 2013-03-22T01:13:10Z Stanley M. Chesley, one of the leading mass tort lawyers of his generation, was disbarred today by the Kentucky Supreme Court (court's opinion here). Chesley played an important role in many of the biggest mass torts of the past forty... Joe Tort SCOTUS Oral Argument in Mutual Pharm. Co. v. Bartlett: Generic Pharmaceutical Manufacturers' Potential Immunity from Suit tag:typepad.com,2003:post-6a00d8341bfae553ef017c37f87170970b 2013-03-20T22:24:20-07:00 2013-03-21T05:24:20Z Wall Street Journal article by Jess Bravin on Tuesday's argument, and more from SCOTUSblog. BGS Joe Tort Widener Law Symposium: Perspectives on Mass Tort Litigation tag:typepad.com,2003:post-6a00d8341bfae553ef017ee99a12ab970d 2013-03-20T17:23:58-07:00 2013-03-21T00:30:47Z Widener University School of Law and the Widener Law Journal are presenting a day-long symposium, Perspectives on Mass Tort Litigation, on Tuesday, April 16, 2013 in Harrisburg, Pennsylvania. The Honorable Eduardo Robreno of the Eastern District of Pennsylvania will present... Joe Tort US Supreme Court Opinion in Standard Fire Insurance Co. v. Knowles tag:typepad.com,2003:post-6a00d8341bfae553ef017c37ee8776970b 2013-03-19T16:57:50-07:00 2013-03-19T23:59:00Z In an opinion by Justice Breyer, the Court unanimously rejected a stipulation by a proposed class representative to limit recovery for the putative class to less than $5 million, in an apparent attempt by plaintiffs to avoid removal to federal... Joe Tort