American Casebook Series
Mass Tort Litigation, Cases and Materials (American Casebook Series)
Product details
Description
This fourth edition to the casebook reflects the rapidly changing legal landscape of mass tort litigation. This new edition also reflects the wisdom gained from teaching the text over many years and incorporates changes that hopefully render the subject of mass tort litigation more comprehensible to students. Consequently, this new casebook edition reorganizes the chapters—and the content of many chapters—to provide both a chronological as well as thematic approach to understanding the landscape of evolving mass tort litigation. The passage of time has also suggested that some decisional law is of subsidiary importance. In addition, some materials in the third edition redundantly explored mass tort concepts presented elsewhere in the text. These ancillary or redundant cases have been excised from this new edition. This new fourth edition integrates recent decisions setting forth new concepts in mass tort litigation in the revised text.
The introductory chapters have been reorganized to introduce students to the seminal cases in mass tort litigation and the jurisprudential debate that undergirds all policy debates about the wisdom of aggregating tort claims into group litigation. The following chapters have consolidated all the materials relating to ethical issues in mass tort litigation including client solicitation, the “first plaintiff” problem, adequacy of representation, fiduciary duties, and the aggregate settlement rule in class and non-class contexts. The chapter sets forth two substantial decisions where attorneys have been sanctioned for various professional misconduct in the settlement of MDL non-class aggregate litigation. The materials on class certification have been revised to focus on the recent departure of the timing of class certification from previous practice of back-end judicial class certification to courts’ new role in provisionally certifying a mass tort settlement class at the front end of litigation. New chapters have been added addressing recent developments, as indicated below.
What’s New in the Fourth Edition
This new fourth edition includes the 2018 amended Rule 23, with its extensive amendment of the Rule 23(e) settlement provisions. The chapter on modern decisional law relating to settlement classes after the Supreme Court’s decisions in Amchem Prods. v. Windsor and Ortiz v. Fibreboard has added an excerpt from a 2020 Northern District of California decision, In re: Roundup Prods. Liab. Litig., to prompt a discussion of the role of “provisional certification” of settlement classes under modern practice.
An entirely new chapter has been added dealing with the “negotiation class”, including the Sixth Circuit’s repudiation of Judge Aaron Polster’s certification in In re: National Prescription Opiate Litigation (6th Cir. 2020). Included is an excerpt from Judge Karen Nelson Moore’s dissenting opinion focusing on the legitimacy of the negotiation class as a logical development of the settlement class concept, authorized by the class action rule’s text and history of class litigation.
The chapter on innovative approaches to mass tort litigation has added a new subchapter presenting the emerging mass tort litigation theory of public nuisance. It includes an excerpt from the Oklahoma Supreme Court’s decision in Hunter v. Johnson & Johnson (2021), rejecting the use of a public nuisance theory in Oklahoma state litigation over opioid harms. The Oklahoma Supreme Court decision does a capable job of setting forth the concept of mass torts as public nuisance. This decision might be contrasted with the national opiate MDL, also predicated on public nuisance theories, as resulting in harms to governmental entities. These materials afford a good opportunity to discuss emerging theories to support mass tort claims and relief; they can be used as a springboard to explore use of the public nuisance approach in other possible mass torts, such as gun violence and resulting injuries.
A new subchapter on MDL lit
Details
- ISBN
- 9781684679584
- Publisher
- West Academic
- Publication Date
- October 2023
Condition Guide
Every FrugalText book is graded by our receiving team before it ships. Conditions describe cosmetic state only - content is identical across tiers.
-
Acceptable
Readable throughout. Expect highlighting, margin notes, and wear on cover or spine. Best price for the same page numbers.
-
Good
Minor highlighting or notes. All pages intact. Cover shows light shelf wear.
-
Very Good
Little to no writing. Binding tight. Looks barely used.
-
Brand New
Unused and unmarked. Shrinkwrapped when available from the publisher.
-
Brand New + eBook
Brand new print copy plus the publisher's eBook and supplemental digital access, where offered.
Shipping & Returns
-
Fast, standard shipping
Most students receive their books in 3 to 9 business days.
-
Rental returns: free at semester's end, prorated if early
Print a prepaid return label from your account whenever you have finished with the book, and drop it at the carrier listed on the label. Returning it by your semester return date, or after it is already overdue, is free with no deduction. Returning it early, before that date, deducts a 15% restocking fee and the label cost from your refund.
-
Purchase returns: 15% restocking fee
Purchases can be returned within 30 days in the condition you received. We will email a prepaid return label; once we receive your book, we refund the purchase price minus the 15% restocking fee and the return label cost. Original shipping is non-refundable.
-
Shipping costs calculated at checkout
Real-time rates are quoted at checkout based on your address and the books in your cart. Returning your book by your semester date is always free; an early return deducts the restocking fee and label cost from your refund instead.
You might also need
Students also rent these.
-
West Academic
International Law for the Environment (American Casebook Se…
Buy from $268.00
1 condition -
West Academic
International Human Rights Lawyering: Cases and Materials (…
Rent from $30.45
2 conditions -
West Academic
The Law of Business Torts and Unfair Competition: Cases, Ma…
Rent from $25.00
2 conditions -
West Academic
Mass Tort Litigation Cases and Materials - 4th Edition - Li…
Rent from $177.99
Buy from $286.99
1 condition -
West Academic
International Sales Law, A Problem-Oriented Coursebook, 2d…
Buy from $142.20
1 condition -
West Academic
Cases and Materials on Law and Jurisprudence in American Hi…
Buy from $269.00
1 condition