Discovery Abuse in Business and Tort Litigation in Massachusetts PDF Download
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Author: H. Bissell Carey
Publisher:
ISBN:
Category : Discovery (Law)
Languages : en
Pages : 302
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Book Description
Author: H. Bissell Carey
Publisher:
ISBN:
Category : Discovery (Law)
Languages : en
Pages : 302
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Book Description
Author: Warren Freedman
Publisher: Praeger
ISBN:
Category : Law
Languages : en
Pages : 184
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Book Description
In his latest work, Freedman seeks to establish a contemporary tort of discovery abuse. As he notes at the outset, the discovery process has become a central feature of modern litigation. He deals with the ways in which this interrogatory process can be abused, leading to excessive, costly delays in pretrial hearings and in subsequent litigation, if not settlement of the case. Discovery abuse places onerous demands on litigants who can be forced to produce documentation in such quantities, for example, that the costs involved discourage further litigation. At the outset, Freedman fully examines the nature of the discovery process itself, including international discovery procedures, and then explores abuses of the process and their ramifications for future litigation. Organized in two main parts, the book begins with an introductory overview of the discovery process in general. Subsequent chapters address issues such as American Bar Association standards for discovery and procedure before the criminal trial; federal, state, and civil discovery procedures; non-party access to discovery materials; discovery in arbitration; and discovery procedures abroad. The second section reveals the nature of the abuses of the discovery process, including the destruction or spoliation of evidence, abuses connected with the Freedom of Information Act, and discovery abuses in the insurance field. The book concludes with chapters devoted to sanctions and remedies for discovery abuse and the Freedman's recommendation for the intentional tort of discovery abuse. Both a practical handbook for corporate attorneys and an ideal supplemental text for courses in business law, this volume offers a clear and comprehensive treatment of a growing problem in litigation proceedings.
Author: Michael F. Connolly
Publisher:
ISBN:
Category : Depositions
Languages : en
Pages : 212
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Book Description
Author: American Bar Association. Special Committee for the Study of Discovery Abuse
Publisher:
ISBN:
Category : Discovery (Law)
Languages : en
Pages : 25
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Book Description
Author: Peter H. Schuck
Publisher: Harvard University Press
ISBN: 9780674010260
Category : History
Languages : en
Pages : 380
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Book Description
Agent Orange on Trial is a riveting legal drama with all the suspense of a courtroom thriller. One of the Vietnam War's farthest reaching legacies was the Agent Orange case. In this unprecedented personal injury class action, veterans charge that a valuable herbicide, indiscriminately sprayed on the luxuriant Vietnam jungle a generation ago, has now caused cancers, birth defects, and other devastating health problems. Peter Schuck brilliantly recounts the gigantic confrontation between two million ex-soldiers, the chemical industry, and the federal government. From the first stirrings of the lawyers in 1978 to the court plan in 1985 for distributing a record $200 million settlement, the case, which is now on appeal, has extended the frontiers of our legal system in all directions. In a book that is as much about innovative ways to look at the law as it is about the social problems arising from modern science, Schuck restages a sprawling, complex drama. The players include dedicated but quarrelsome veterans, a crusading litigator, class action organizers, flamboyant trial lawyers, astute court negotiators, and two federal judges with strikingly different judicial styles. High idealism, self-promotion, Byzantine legal strategies, and judicial creativity combine in a fascinating portrait of a human struggle for justice through law. The Agent Orange case is the most perplexing and revealing example until now of a new legal genre: the mass toxic tort. Such cases, because of their scale, cost, geographical and temporal dispersion, and causal uncertainty, present extraordinarily difficult challenges to our legal system. They demand new approaches to procedure, evidence, and the definition of substantive legal rights and obligations, as well as new roles for judges, juries, and regulatory agencies. Schuck argues that our legal system must be redesigned if it is to deal effectively with the increasing number of chemical disasters such as the Bhopal accident, ionizing radiation, asbestos, DES, and seepage of toxic wastes. He imaginatively reveals the clash between our desire for simple justice and the technical demands of a complex legal system.
Author: Walter Champion
Publisher: Lexington Books
ISBN: 9781793652126
Category : Corporate culture
Languages : en
Pages : 218
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Book Description
This book looks at the phenomenon of mass tort litigation in the light of corporate greed.
Author: American Bar Association. Special Committee for the Study of Discovery Abuse
Publisher:
ISBN:
Category : Discovery (Law)
Languages : en
Pages : 25
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Book Description
Author: Daller
Publisher: Wolters Kluwer
ISBN: 1454871520
Category : Law
Languages : en
Pages : 1170
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Book Description
There is a great wealth of diversity in the business tort laws of all fifty states and the District of Columbia. The new 2017 Edition of Business Torts: A Fifty-State Guide helps you quickly assess the merits and pitfalls of litigation in any given jurisdiction allowing you to make the best decisions for your clients. In addition to the very significant differences in the statutes of limitation, other significant differences include: Some states have not recognized a cause of action for negligent interference with an economic advantage. Negligent misrepresentation in one state is limited to claims against persons in the business of supplying information to others. One state recognizes a cause of action for -strict responsibility misrepresentation.- Another state recognizes claims of -prima facie tort- for wrongs that do not fit into traditional tort categories. And these are only a few examples of the more significant differences.
Author:
Publisher:
ISBN:
Category : Complex litigation
Languages : en
Pages : 824
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Book Description
Author: Daller
Publisher: Wolters Kluwer
ISBN: 1454857390
Category : Law
Languages : en
Pages : 1142
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Book Description
There is a great wealth of diversity in the business tort laws of all fifty states and the District of Columbia. In addition to the very significant differences in the statutes of limitation, other significant differences include: Some states have not recognized a cause of action for negligent interference with an economic advantage. Negligent misrepresentation in one state is limited to claims against persons in the business of supplying information to others. One state recognizes a cause of action for andquot;strict responsibility misrepresentation.andquot; Another state recognizes claims of andquot;prima facie tortandquot; for wrongs that do not fit into traditional tort categories. And these are only a few examples of the more significant differences. The new 2016 Edition of Business Torts: A Fifty-State Guide helps you quickly assess the merits and pitfalls of litigation in any given jurisdiction allowing you to make the best decisions for your clients.
