Tuesday, July 1, 2014
The Tulane Law Review recently hosted "The Evolution of Asbestos Litigation: Enduring Issues and the Administration of Trusts." The articles are now available:
Edward F. Sherman, The Evolution of Asbestos Litigation, 88 Tul. L. Rev. 1021 (2014).
Georgene Vairo, Lessons Learned By the Reporter: Is Disaggregation the Answer to the Asbestos Mess?, 88 Tul. L. Rev. 1039 (2014).
Lester Brickman, Fraud and Abuse in Mesothelioma Litigation, 88 Tul. L. Rev. 1071 (2014).
Joseph Sanders, The “Every Exposure” Cases and the Beginning of the Asbestos Endgame, 88 Tul. L. Rev. 1153 (2014).
Peggy L. Ableman, A Case Study From a Judicial Perspective: How Fairness and Integrity in Asbestos Tort Litigation Can Be Undermined by Lack of Access to Bankruptcy Trust Claims, 88 Tul. L. Rev. 1185 (2014).
Anita Bernstein, Gender in Asbestos Law: Cui Bono? Cui Pacat?, 88 Tul. L. Rev. 11211 (2014).
The second set of articles from the April 2013 symposium at Widener, Perspectives on Mass Tort Litigation, are now available.
Christopher J. Robinette, Introduction, Part II Download Robinette Intro 2 - Ready for Pub. 6.21.14
Aaron Twerski & Lior Sapir, Sufficiency of the Evidence Does Not Meet the Daubert Standards: A Critique of the Green-Sanders Proposal Download Twerski - Ready for Pub. 6.17.14
Michael D. Green & Joseph Sanders, In Defense of Sufficiency: A Reply to Professor Twerski and Mr. Sapir Download Green - Ready for Pub. 6.18.14
William P. Shelley, Jacob C. Cohn & Joseph A. Arnold, Further Transparency Between the Tort System and Section 524(g) Asbestos Trusts, 2014 Update Download Shelley - Ready for Pub. 6.19.2014
Bruce Mattock, Andrew Sackett & Jason Shipp, Clearing Up the False Premises Underlying the Push for Asbestos Bankruptcy Trust "Transparency" Download Mattock - Ready for Pub. 6.18.14
Scott B. Cooper & Lara Antonuk, The Royal Nonesuch: How Tort Reformers Are Pulling One Over on Pennsylvania Download Cooper & Antonuk - Ready for Pub. 6.18.14
Congratulations to the Widener Law Journal for two great issues.
Wednesday, June 25, 2014
Tuesday, May 20, 2014
The discussion draft of the Restatement Third, Torts: Intentional Torts to Persons, was discussed this morning at the American Law Institute annual meeting.
Monday, April 28, 2014
The Stanford Journal of Complex Litigation is hosting a symposium, "A Complicated Cleanup: The BP Oil Spill Litigation," on Thursday, May 8, 2014 and Friday, May 9, 2014, at Stanford Law School. The keynote address speaker is Kenneth Feinberg, the Gulf Coast Claims Administrator. Other symposium speakers will include Elizabeth Cabraser of Lieff Cabraser, Francis McGovern (Duke), Linda Mullenix (Texas), Maya Steinitz (Iowa), and Byron Stier (Southwestern). Panel moderators will include Stanford Law Professors Nora Engstrom, Deborah Hensler, and Janet Alexander.
(Via Mass Tort Lit Blog)
Thursday, April 24, 2014
Thursday, April 3, 2014
The topic of the 20th Annual Clifford Symposium on Tort Law and Social Policy at DePaul Law is "Judge Jack Weinstein's Impact on Civil Justice in America." The symposium is Friday, April 24th. As usual, there is a great lineup of speakers, including a videotape presentation by Justice Stephen Breyer. You can register online at http://law.depaul.edu/clifford or call (312) 362-5292.
Judge Jack Weinstein has led a remarkable life. He is the American dream personified; born in the heartland in Wichita, Kansas, raised in Brooklyn, a child who had to make his way in the Depression, a student who secured his first college degree in night school, a veteran of World War II. He has been a dock worker, a naval officer, a county attorney, a law professor and a federal judge. At the 20th annual Clifford Symposium, we gather to honor him. He has opened new vistas in the law of procedure, torts and evidence to name but three. More than that, he has set a towering example of judicial independence and social conscience. His work on Agent Orange and numerous mass torts that followed set American courts on a path that has expanded protection for defenseless victims and yielded a better society. To borrow from one of his lines, “every day [he has laid] down his professional life for justice.” It does us great honor to have this opportunity to celebrate his life and achievements.
Monday, March 17, 2014
From Stacie Strong (Missouri):
On April 9, the 11th Annual ITA-ASIL Conference: Mass and Class Claims in Arbitration will be presented from 12:00 noon – 4:30 p.m. in Washington D.C. at the Ronald Reagan International Trade Center.
The conference examines the competing trends and future prospects for class and mass claims in litigation and arbitration and features a keynote address by Carolyn B. Lamm (White & Case LLP, Washington, D.C.), past President of the ABA and lead advocate for the 60,000 Italian claimants in Abaclat v. Argentine Republic.
Other participants include co-chairs Christopher Drahozal (University of Kansas School of Law) and S. I. Strong (University of Missouri School of Law) and a stellar faculty including Deepak Gupta (Gupta Beck PLLC, Washington, D.C.) and Geneviève Saumier (McGill University Faculty of Law, Montreal), who will discuss class arbitration in a domestic and comparative context, and Michael Waibel (University of Cambridge, Lauterpacht Centre for International Law, Cambridge) and Samuel Wordsworth, Q.C.(Essex Court Chambers, London), who will discuss mass claims. Registration includes the networking luncheon which precedes the conference this year.
Wednesday, March 12, 2014
Wednesday, April 9, 12:25-1:50 p.m.
Vanderbilt Hall, Greenberg Lounge
Hosted by the Center on Civil Justice With additional support from the American Constitution Society and the Federalist Society
Jury trials in civil cases are part of our Bill of Rights, and the jury trial has always been thought of as a pillar of American democracy. In practice, however, it is increasingly rare. Why is this happening? What does the demise of the jury trial mean for our civil justice system? Does it change democratic citizenship? Can the trend be reversed? Should we try, or just allow the jury trial become a relic of an earlier time? Our distinguished panel of trial and appellate lawyers and academic experts will discuss these and other hotly debated questions.
CLE Approval Pending
PANELISTS: Mark Behrens, Partner, Shook, Hardy & Bacon LLP Renée Lettow Lerner, Associate Professor of Law, The George Washington University Law School, Andrew Pincus, Partner, Mayer Brown Stephen Susman, Partner, Susman Godfrey
Arthur R. Miller, University Professor, NYU School of Law
Tuesday, March 11, 2014
The Hall Center for Law and Health and the Indiana Health Law Review have announced their annual symposium, Neuroscience and Law: Injury, Capacity and Illness, which will be held on March 28, 2014, in Indianapolis.
Monday, March 10, 2014
In "Would Litigation Financing Improve Mass Torts," the National Law Journal examines an article by Professor Byron Stier suggesting that plaintiffs should be allowed to sell their claims to financial entities. As Chris mentioned in an earlier post, Byron's article was part of the "Perspectives on Mass Tort Litgiation" symposium held at Widener last April.
Monday, February 24, 2014
Thursday, February 20, 2014
Have you heard of the Law & Economics Center Workshops for Law Professors? These four-day workshops are held throughout the year, throughout the country (with an emphasis on great locales to visit, such as the Florida Keys; Steamboat Springs, CO; and Palo Alto, CA), and are designed to foster a better understanding of law & economics.
I recently attended the LEC Workshop on Risk, Injury, Liability & Insurance held January 30th to February 2nd at Hawks Cay Resort on Duck Key in Florida. Lodging and most meals were covered by the LEC. Many of the participants were alumni of other LEC workshops and thus knowledgeable about basic law and economics principles, though a handful (including myself) had only engaged peripherally in the topic. Faculty presenters were Henry Butler, Executive Director of the LEC; Jonathan Klick (Penn), and Eric Helland (Claremont McKenna).
Broadly speaking, the goal of these workshops is to introduce the participants to law and economics thinking on the particular topic. Our workshop focused on the economics of uncertainty and risk, and how that translated to legal concepts in insurance and tort law. Despite the variety in background knowledge levels among participants, the teaching was very accessible and at the same time sophisticated and engaging. Discussions focused on problems of adverse selection, moral hazard, and external costs. I definitely gained a better understanding of the economics of risk, and I benefited tremendously from both the assigned readings (voluminous but thoughtfully selected), and instruction.
The Law & Economics Center deserves its outstanding reputation. I highly recommend the LEC Workshops to anyone with a passing interest in law and economics.
Tuesday, February 18, 2014
Last April at Widener, we hosted a symposium entitled "Perspectives on Mass Tort Litigation." The first of two issues of articles from the Widener Law Journal is now available. It's a terrific lineup:
Christopher J. Robinette, Introduction Download Robinette_V23I1
Victor E. Schwartz & Mark A. Behrens, Asbestos Litigation: The "Endless Search for a Solvent Bystander" Download Behrens&Schwartz_V23I1
Eduardo C. Robreno, The Federal Asbestos Products Liability Multidistrict Litigation (MDL-875): Black Hole or New Paradigm? Download Robreno_V23I1
Byron G. Stier, The Sale and Settlement of Mass Tort Claims: Alternative Litigation Finance and a Possible Future of Mass Tort Resolution Download Stier_V23I1
Thurbert Baker, Paying to Play: Inside the Ethics and Implications of Third-Party Litigation Financing Download Baker_V23I1
Sheila B. Scheuerman, Mass Tort Ethics: What Can We Learn from the Case Against Stanley Chesley? Download Scheuerman_V23I1
Nicholas P. Vari & Michael J. Ross, In a League of Its Own: Restoring Pennsylvania Product Liability Law to the Prevailing Modern "Attitude" of Tort Law Download Vari&Ross_V23I1
S. Todd Brown, Bankruptcy Trusts, Transparency, and the Future of Asbestos Compensation Download Brown_V23I1
Monday, February 10, 2014
From James Lee (Birmingham):
I write to invite proposals for papers for the Torts subject section meeting of the 2014 Society of Legal Scholars Annual Conference. This year's conference will take place from Tuesday 9th to Friday 12th September 2014 at the University of Nottingham, with Professor Stephen Bailey as President.Torts subject section meeting of the 2014 Society of Legal Scholars Annual Conference. This year's conference will take place from Tuesday 9th to Friday 12th September 2014 at the University of Nottingham, with Professor Stephen Bailey as President.
The overall theme of the Conference is ‘Judging in the 21st Century’. I anticipate that it will be likely that Tort papers will be able to engage readily with this topic, whether focusing on decisions of the highest courts in relevant jurisdictions or on work at first instance, for example. Beyond the theme, proposals on any aspect of the law of tort would be very welcome. The Torts section will take place in the second half of the Conference: please note that it has changed from the first half last year, so will run on Thursday 11th and Friday 12th.
All members of the section, whether research students, early career academics or more senior colleagues are invited to offer papers. We are pleased to have had a range of colleagues presenting high quality papers in recent years, notably from many ODGers. If you are interested in presenting a paper, please e-mail me at firstname.lastname@example.org with a title and a brief abstract. I am happy to discuss any potential submissions informally. Please also tell me if you are proposing a paper for another section, so that I can coordinate arrangements with my fellow convenors. The deadline for proposals is 12pm UK time on Friday 7th March 2014.
Proposers will be informed of the outcome as soon as possible after the deadline. All those who have papers accepted will be required to post a final abstract to the conference paperbank by the end of July.
Convenors have been asked to make it clear to all potential speakers and poster presenters that all speakers, presenters and delegates (and convenors) are required to book and to pay to attend the conference. Booking information will be circulated later in the year.
Friday, January 17, 2014
We know many TortsProfs were unable to make it to D.C. due to the weather. The Faculty Lounge reports that AALS is offering partial refunds of the registration fee for those unable to make it due to weather. The form for a refund is here. The deadline is January 31st.
Thursday, January 16, 2014
Registration is now open for the 13th Annual Conference on European Tort Law presented by the European Centre of Tort and Insurance Law. The conference is April 24-26, 2014, and will be held in Vienna. The program includes a special session on Cyber-Torts.
Friday, January 3, 2014
I had planned to be at AALS for the Torts Section tomorrow, but the weather has interfered. I've talked to several TortsProfs who are in the same boat. For those of you who can make it, Jenny Wriggins has set up a great program. Sheila (who will be there) posted about it yesterday. Adam Scales will be joining the Executive Committee as a new member. Enjoy!
P.S. I'll still be doing something Torts-related today: grading.
Thursday, January 2, 2014
The Insurance Law and Torts & Compensation Sections will present a joint progam at the AALS annual meeting on Saturday, January 4, 2014, from 10:30 am to 12:15 am. The program is "On the Unavoidable Intersection of Torts and Insurance," and features Nora Engstrom (Stanford), Tom Baker (Penn), and from a call for papers, Juscelino F. Colares (Case Western). The program description provides:
Recent scholarship has shown that tort law and practice are inextricably linked with insurance law. Liability insurance drives tort law in action, influencing what claims are brought, how they are litigated, and how damages are determined. First party insurance such as health and disability insurance are essential parts of the picture in understanding the legal system’s treatment of injury. The program reflects this intersection between torts and insurance, bringing together scholars doing cutting edge research adding to our understanding. Papers will focus on several areas including lawyers’ liability and insurance, the failure of no-fault insurance, and oil spill compensation.
Wednesday, December 4, 2013
Elizabeth Chamblee Burch (Georgia) has posted to SSRN Revisiting the Government as Plaintiff. The abstract provides:
This is a symposium essay dedicated to the late Richard Nagareda and written in response to Adam S. Zimmerman's piece, The Corrective Justice State.
As Professor Zimmerman recognizes, the debate over governments acting as plaintiffs and “regulating by deal” has shifted from initial questions over whether litigation produces the best public policy and whether executive officials are acting within the scope of their authority to how government actors should pursue and allocate settlements. Yet, as this first wave of controversy suggests, the slate upon which executive officials currently write is neither clean nor uncontroversial. Instead, this new debate is playing out in an unsettled landscape where those first-order questions about legitimacy remain unresolved.
When layered atop the existing controversy over the intermingling of government functions, executive officials’ relatively new allocative role may put their actions even further at odds with their traditional regulatory and proprietary functions, particularly when the action yielding the compensation is a public substitute for a private right of action. What principles should guide officials in this new role: traditional tort law, social welfare, or political equality principles such as one person one vote? More specifically, should executive officials look to tort law precepts to govern the allocation and retain concepts such as economic loss and the collateral source rule, or employ a governmental aid aspect, which would suggest a principal of equality that would not vary based on one’s income but would consider collateral sources of compensation?
Zimmerman suggests that officials have attempted to justify both their regulatory and allocative decisions with ill-suited corrective justice principles that translate poorly from the private to the public sphere. Despite reservations about whether regulation through litigation results in the best policies or offers democratic checks, he seems more willing to accept executive officials’ increased litigation role in the wake of Congressional failings and the difficulty of certifying a private class action. He thus tailors his reform proposals to target the government’s allocative function, suggesting ways to improve legitimacy and transparency in distributing recoveries, whatever the guiding principle might be.
Still, certain concerns and questions linger. First, Zimmerman narrows his focus to the second generation question of allocation, even though he raises and dismisses first-generation concerns over whether executive officials are properly acting within the scope of their authority and whether the regulatory solutions they generate through litigation are legitimate and optimal. Shoring up back-end allocation procedures, however, does not alleviate first-generation legitimacy questions or regulatory concerns. Second, Zimmerman opts not to iron out overarching systemic problems like legislative stalemates or mounting difficulty in certifying class actions, preferring instead (or perhaps more realistically) to work within the circumstances that prompt executive action. Yet, truly legitimizing process and adhering to corrective justice principles would require resolving systemic concerns about who should litigate and who should regulate. Finally, given concerns that judges already “rubber stamp” class-action settlements and that parties tend to find innovative ways to gerrymander votes and stakeholder input in areas like bankruptcy, one might question the effectiveness of Zimmerman’s proposals for enhancing due process when allocating state recovery to affected citizens.