Practical Global Tort Litigation

Practical Global Tort Litigation PDF Author: Andrew J. McClurg
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 340

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Book Description
Practical Global Tort Litigation takes readers on a journey through a tort case in the U.S., Germany, and Argentina. Using a shattering glass food container as the vehicle, the book compares how a prototypical products liability case would be handled in the U.S. common law system and representative civil law nations in Europe and Latin America. The book analyzes from a real world perspective issues such as fact gathering and presentation, expert witnesses, burdens of proof, theories of recovery and defenses, and damages and attorneys'' fees. This book is part of the Contextual Approach Series, edited by Andrew J. McClurg, Professor and Herff Chair of Excellence in Law, The University of Memphis Cecil C. Humphreys School of Law. "Practical Global Tort Litigation explores how the law would address an ordinary products liability dispute on separate continents around the world-in North America, Europe, and South America. It is impossible to conceive of a more creative, effective, or engaging way to get one''s arms around the fascinating if unwieldy issues of comparative law than to examine through separate lenses how a particular lawsuit would be handled under such disparate legal systems, reflecting such differing cultural traditions. The distinctive portraits painted here reveal enough threads of commonality to animate the enduring hope of comparativists in every land that similar strands of fairness and justice around the globe, spanning continents and civilizations, reveal enduring links of human experience at a primal level." -- David G. Owen, Carolina Distinguished Professor of Law, University of South Carolina "McClurg, Koyuncu, and Sprovieri have produced the blueprint for academics interested in examining comparative approaches to the law. The book''s strength lies in its holistic examination of a claim from injury to legal resolution within the juridical systems of the United States, Germany, and Argentina. There simply is no better way to address the fundamental issues raised in a comparative tort litigation setting than this contextualized approach. Having had the pleasure to work with the lead author for several years, I can think of no better scholar and teacher to undertake this ambitious endeavor. He and his fellow authors have not only met their goals, they have set the standard for future comparative engagements." -- Ediberto Román, Professor of Law, Florida International University "The unique focus on a single case permits three different legal systems to be compared effectively and efficiently. The brisk and accessible style makes it perfect for classroom use, although lawyers outside of the academy will find it worth reading for the sheer intrinsic pleasure of learning about how familiar concepts are handled elsewhere. In recent years, American lawyers have been told that the world is shrinking: this book is a useful and practical step towards dealing with the globalization of law." -- Anthony J. Sebok, Centennial Professor of Law, Brooklyn Law School "The book convinces by a simultaneous and detailed presentation of central problems of product liability law and the review of the examined jurisdictions as a whole. Therefore, it is valuable for all those readers who practically or theoretically deal with product liability law as well as for those readers who are generally interested in comparative law." -- Produkthaftpflicht international (Product Liability International Journal) "Overall, by working practically through a concrete case this book provides valuable comparative views into the substantive and procedural product liability laws in the U.S.A., Germany and Argentina. The authors deliver -- by highlighting the differences between the countries -- a well-written presentation, in which they also describe possible defense strategies for manufacturers. In addition to the comparative contents, the book is flavored with experiences and insights of the three authors. Particularly, through its numerous practical aspects, the book delivers inspiring and valuable insights for scientific legal scholars, practitioners and interested students. The benefit of this fluently written book is even enhanced by the fact that each chapter contains a table-sheet summary where the commonalities and differences in the analyzed countries are accentuated. This alleviates the quick look for readers. In conclusion, here is a very felicitous and scientifically and practically valuable book, that can be recommended without reservation." -- Recht der Internationalen Wirtschaft (Law of International Economy Journal) "[This] book can be recommended with confidence to all those who are interested in product liability law, since even experts may discover some interesting new approaches in this book. The book is also valuable for those generally interested in comparative law, because it demonstrates in an exemplary manner that successful comparative law cannot merely end with a comparison of material norms, but what must instead be pursued is the examination of the law in its entirety, once again by placing the examined legal field in a social, resp. legal, nexus." -- Versicherungsrecht (VersR) "In summary, by using an example of a concrete liability case, the book delivers insight into the aspects of the substantive and procedural product liability law in the United States, Argentina and Germany. The book is fluently written and easily to understand. It offers instructive and useful information for experts in companies, lawyers, legal academics and students. Especially useful are the tables at the end of each chapter, which summarize the content of the chapter and outline special characteristics, similarities and differences of the respective law in the three countries. This provides the reader with a quick overview. Everyone interested in product liability or comparative law will benefit from this book. Last but not least, it is quite economically priced." -- Peter Hoffman, editor of Food and Law

Practical Global Tort Litigation

Practical Global Tort Litigation PDF Author: Andrew J. McClurg
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 340

Get Book Here

Book Description
Practical Global Tort Litigation takes readers on a journey through a tort case in the U.S., Germany, and Argentina. Using a shattering glass food container as the vehicle, the book compares how a prototypical products liability case would be handled in the U.S. common law system and representative civil law nations in Europe and Latin America. The book analyzes from a real world perspective issues such as fact gathering and presentation, expert witnesses, burdens of proof, theories of recovery and defenses, and damages and attorneys'' fees. This book is part of the Contextual Approach Series, edited by Andrew J. McClurg, Professor and Herff Chair of Excellence in Law, The University of Memphis Cecil C. Humphreys School of Law. "Practical Global Tort Litigation explores how the law would address an ordinary products liability dispute on separate continents around the world-in North America, Europe, and South America. It is impossible to conceive of a more creative, effective, or engaging way to get one''s arms around the fascinating if unwieldy issues of comparative law than to examine through separate lenses how a particular lawsuit would be handled under such disparate legal systems, reflecting such differing cultural traditions. The distinctive portraits painted here reveal enough threads of commonality to animate the enduring hope of comparativists in every land that similar strands of fairness and justice around the globe, spanning continents and civilizations, reveal enduring links of human experience at a primal level." -- David G. Owen, Carolina Distinguished Professor of Law, University of South Carolina "McClurg, Koyuncu, and Sprovieri have produced the blueprint for academics interested in examining comparative approaches to the law. The book''s strength lies in its holistic examination of a claim from injury to legal resolution within the juridical systems of the United States, Germany, and Argentina. There simply is no better way to address the fundamental issues raised in a comparative tort litigation setting than this contextualized approach. Having had the pleasure to work with the lead author for several years, I can think of no better scholar and teacher to undertake this ambitious endeavor. He and his fellow authors have not only met their goals, they have set the standard for future comparative engagements." -- Ediberto Román, Professor of Law, Florida International University "The unique focus on a single case permits three different legal systems to be compared effectively and efficiently. The brisk and accessible style makes it perfect for classroom use, although lawyers outside of the academy will find it worth reading for the sheer intrinsic pleasure of learning about how familiar concepts are handled elsewhere. In recent years, American lawyers have been told that the world is shrinking: this book is a useful and practical step towards dealing with the globalization of law." -- Anthony J. Sebok, Centennial Professor of Law, Brooklyn Law School "The book convinces by a simultaneous and detailed presentation of central problems of product liability law and the review of the examined jurisdictions as a whole. Therefore, it is valuable for all those readers who practically or theoretically deal with product liability law as well as for those readers who are generally interested in comparative law." -- Produkthaftpflicht international (Product Liability International Journal) "Overall, by working practically through a concrete case this book provides valuable comparative views into the substantive and procedural product liability laws in the U.S.A., Germany and Argentina. The authors deliver -- by highlighting the differences between the countries -- a well-written presentation, in which they also describe possible defense strategies for manufacturers. In addition to the comparative contents, the book is flavored with experiences and insights of the three authors. Particularly, through its numerous practical aspects, the book delivers inspiring and valuable insights for scientific legal scholars, practitioners and interested students. The benefit of this fluently written book is even enhanced by the fact that each chapter contains a table-sheet summary where the commonalities and differences in the analyzed countries are accentuated. This alleviates the quick look for readers. In conclusion, here is a very felicitous and scientifically and practically valuable book, that can be recommended without reservation." -- Recht der Internationalen Wirtschaft (Law of International Economy Journal) "[This] book can be recommended with confidence to all those who are interested in product liability law, since even experts may discover some interesting new approaches in this book. The book is also valuable for those generally interested in comparative law, because it demonstrates in an exemplary manner that successful comparative law cannot merely end with a comparison of material norms, but what must instead be pursued is the examination of the law in its entirety, once again by placing the examined legal field in a social, resp. legal, nexus." -- Versicherungsrecht (VersR) "In summary, by using an example of a concrete liability case, the book delivers insight into the aspects of the substantive and procedural product liability law in the United States, Argentina and Germany. The book is fluently written and easily to understand. It offers instructive and useful information for experts in companies, lawyers, legal academics and students. Especially useful are the tables at the end of each chapter, which summarize the content of the chapter and outline special characteristics, similarities and differences of the respective law in the three countries. This provides the reader with a quick overview. Everyone interested in product liability or comparative law will benefit from this book. Last but not least, it is quite economically priced." -- Peter Hoffman, editor of Food and Law

Comparative Tort Law

Comparative Tort Law PDF Author: Mauro Bussani
Publisher: Edward Elgar Publishing
ISBN: 1789905982
Category : Law
Languages : en
Pages : 584

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Book Description
This revised second edition of Comparative Tort Law: Global Perspectives offers an updated and enriched framework for analysing and understanding the current state of tort law around the world. Using a critical comparative methodology, it covers not only the common tort law issues but also many jurisdictions often overlooked in the mainstream literature. Contributions explore illuminating case studies from tort systems in Europe, the US, Latin America, Asia and sub-Saharan Africa, including new chapters specifically discussing tort law in Brazil, India and Russia.

Pharmacy Practice and Tort Law

Pharmacy Practice and Tort Law PDF Author: Fred Weissman
Publisher: McGraw Hill Professional
ISBN: 1259640965
Category : Medical
Languages : en
Pages : 224

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Book Description
The only comprehensive tort law book featuring real-life federal cases for the practicing pharmacist As tort law and tort liability cases, both civil and administrative, continue to increase in the pharmacy practice, now more than ever, it is imperative for students and practitioners to understand the civil liability a pharmacist may face. Between intentional torts, negligence, vicarious liability, defamation, invasion of privacy, and more, practitioners and practitioners-to-be need to grasp the intricacies of the law in this landscape of increased litigation. Pharmacy Practice and Tort Law introduces students not only to the civil action cases related to pharmacy practice, but also provides explanation on how tort rules apply to the facts of a given case. Each type of civil action is described in detail, outlining the elements that must be proven for successful litigation, followed by detailed explanation of actual federal cases and their outcomes, illustrating how a case can be successful or unsuccessful.

Tort Law and Practice

Tort Law and Practice PDF Author: Dominick R. Vetri
Publisher:
ISBN: 9781632849380
Category : Torts
Languages : en
Pages : 0

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Book Description
The sixth edition of Tort Law and Practice is now available. Tort Law and Practice provides a rich context for the study of Tort Law. Teachers and students consistently rate this book highly. This innovative casebook thoroughly develops the core torts principles, and has many unique features, such as: Emphasis on contemporary cases while retaining the classic cases; Use of problems (with model answers for teachers) to facilitate learning and application; Variety of negligence duty issues to select from for classroom focus; Balanced presentation of alternative points of view; Inclusion of substantive and damages issues reflecting the diversity of U.S. society; Summary of contents at the beginning of each chapter to help students keep the concepts in focus; Boxed outline summaries and flow charts to facilitate learning; Ethical issues in personal injury cases discussed in context; and practice materials included to help students understand the process. The Fifth Edition of Tort Law and Practice represents the authors' continued efforts to humanize the subject matter of torts and to include issues reflecting the diversity of our society where relevant. Highlights of the new edition include: Chapter 3: Duty -- Tarasoff doctrine: Estates of Morgan v. Fairfield Family Counseling Center Chapter 6: Damages -- extensively reworked, and with a new section on Racial, Gender, Cohabitation & Class Fairness in Tort Chapter 8: Intentional Torts -- New Cases: The Meaning of Intent (Doe v. Johnson) and Emotional Distress in Discrimination Cases (Graham v. Guilderland Central School District) Chapter 10: Products Liability -- New Case on Deviation from Design Specs: Welge v. Planters Lifesavers Co. Chapter 12: Privacy -- New Case on Intrusion: Stengart v. Loving Care Agency The comprehensive Teacher's Manual provides insights to the analysis of the cases, suggested teaching techniques, and model answers to the many problems in the casebook.

Fault Lines

Fault Lines PDF Author: David M. Engel
Publisher: Stanford University Press
ISBN: 0804771200
Category : Law
Languages : en
Pages : 550

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Book Description
Tort law, a fundamental building block of every legal system, features prominently in mass culture and political debates. As this pioneering anthology reveals, tort law is not simply a collection of legal rules and procedures, but a set of cultural responses to the broader problems of risk, injury, assignment of responsibility, compensation, valuation, and obligation. Examining tort law as a cultural phenomenon and a form of cultural practice, this work makes explicit comparisons of tort law across space and time, looking at the United States, Europe, and Asia in the nineteenth, twentieth, and twenty-first centuries. It draws on theories and methods from law, sociology, political science, and anthropology to offer a truly interdisciplinary, pathbreaking view. Ultimately, tort law, the authors show, nests within a larger web of relationships and shared discursive conventions that organize social life.

Human Rights Litigation Against Multinationals in Practice

Human Rights Litigation Against Multinationals in Practice PDF Author: Richard Meeran
Publisher: Oxford University Press
ISBN: 0198866224
Category : Law
Languages : en
Pages : 385

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Book Description
This book provides a thorough review of multinational human rights litigation in various countries where such litigation has been pursued, predominantly on behalf of victims in the Global South. It covers cases relating to environmental damage, occupational disease, human rights abuses involving complicity with state security, and in the context of supply chains. The volume is edited by Richard Meeran, who pioneered the first series of tort-based multinational parent company cases in the 1990s and whose firm, Leigh Day, has been at the forefront of this area for almost 30 years. Contributions come from highly experienced legal practitioners in the countries in question who have run many of the key ground-breaking cases, and who understand the opportunities and hurdles that arise in practice. They provide their perspectives and insights into the features of the relevant laws, procedures, and practical considerations in their respective legal systems. Chapters address the potential legal remedies that are available; the legal, procedural, and practical obstacles to justice including funding; as well as strategic issues. This developing area of corporate legal accountability has increasingly become an integral part of the field of business and human rights, which has grown significantly in recent decades. This collection is an essential guide to the field.

The American Law of Torts

The American Law of Torts PDF Author: Stuart M. Speiser
Publisher:
ISBN:
Category : Torts
Languages : en
Pages : 1230

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Book Description


Pennsylvania Torts

Pennsylvania Torts PDF Author: S. Gerald Litvin
Publisher: West Publishing Company
ISBN: 9780314081124
Category : Torts
Languages : en
Pages :

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Book Description


Entrepreneurial Litigation

Entrepreneurial Litigation PDF Author: John C. Coffee
Publisher: Harvard University Press
ISBN: 0674736796
Category : History
Languages : en
Pages : 318

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Book Description
In class actions, attorneys effectively hire clients rather than act as their agent. Lawyer-financed, lawyer-controlled, and lawyer-settled, this entrepreneurial litigation invites lawyers to act in their own interest. John Coffee’s goal is to save class action, not discard it, and to make private enforcement of law more democratically accountable.

Amicus Humoriae

Amicus Humoriae PDF Author: Robert M. Jarvis
Publisher:
ISBN:
Category : Humor
Languages : en
Pages : 280

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Book Description
In this book, editors Jarvis, Baker, and McClurg have selected 25 of the funniest law review articles from the past 50 years and arranged them in five categories: law students, law professors, lawyers, judges, and legal scholarship. Also included is a comprehensive bibliography, which is an invaluable research tool. The book's jacket features an original cartoon by the noted artist Alan Gerson. "The compilers . . . have put together a book full of witty articles that make good-natured fun of the legal world. . . . At a mere $25, it is an economical choice for a quality addition to any library's humor collection." -- The Law Library Journal "This book would be a nice addition to a law library in order to show a face of legal scholarship not frequently represented in library collections. Moreover, it would make a nice gift for oneself, a colleague, or a friend studying in law school for those moments when a dose of humor might lessen the pressures of attending to more serious legal matters." -- New York Law Journal "[Y]ou will doubtless enjoy taking a break from your labors by perusing this collection of 25 amusing law review articles." -- The Law Teacher "Definitely a good read." -- The National Jurist "A very funny romp through legal life." -- The National Law Journal "[S]plendid examples of the seriously underdeveloped genre of law review humor writing." -- Legal Times "A collect[ion] of rare gems." -- The Green Bag "This book will make a good addition to law school collections, and a very nice gift for the lawyers in our lives who need a good laugh or humor lessons." -- Bimonthly Review of Law Books