Individual Justice in Mass Tort Litigation: The Effect of Class Actions, Consolidations, and Other Multiparty DevicesNorthwestern University Press, 1995 - 367 من الصفحات One of the most prominent of contemporary jurists, Judge Jack B. Weinstein has influenced substantive and procedural aspects of the law of mass tort litigation. He has helped create efficient yet compassionate solutions to problems resulting from Vietnam veterans' exposure to Agent Orange and to the health hazards associated with asbestos and DES. |
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الصفحة 153
... increased risk of disease has rarely been allowed by the courts , 211 but where it has , it has been predicated on proving to a rea- sonable degree of medical probability — that is , a greater than 50 per- cent chance that the disease ...
... increased risk of disease has rarely been allowed by the courts , 211 but where it has , it has been predicated on proving to a rea- sonable degree of medical probability — that is , a greater than 50 per- cent chance that the disease ...
الصفحة 154
... increased risk claims are unavailable — and sometimes as a basis for a fear of cancer claim or as a basis for recovering for medical monitoring.223 The nuisance - based theory allowing recovery for diminution of “ quality of life " has ...
... increased risk claims are unavailable — and sometimes as a basis for a fear of cancer claim or as a basis for recovering for medical monitoring.223 The nuisance - based theory allowing recovery for diminution of “ quality of life " has ...
الصفحة 174
... increased tendency to lean toward defendants in these cases . See , e.g. , N.Y. L.J. Dec. 13 , 1993 , at 1 , Debo- rah Pines , Repetitive Stress Injury Suit Consolidation Vacated ( “ Con- tinuing a trend of warnings to trial courts ...
... increased tendency to lean toward defendants in these cases . See , e.g. , N.Y. L.J. Dec. 13 , 1993 , at 1 , Debo- rah Pines , Repetitive Stress Injury Suit Consolidation Vacated ( “ Con- tinuing a trend of warnings to trial courts ...
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administrative agencies Agent Orange American Appeals apply asbestos assist attorneys bankruptcy benefits caused Civil claimants claims class action clients compensation complex conduct consider consolidation costs counsel court damages deal decisions defendants developed disasters discussion District effect ethical evidence example experts federal fees funds future hundreds increased individual injury Institute interest involved issues judge judicial justice lawyers legislation less liability limited litigation mass tort matter meet million obligation particularly parties person plaintiffs possible practice present problems procedural proposed protection questions reasonable received Report represent responsible result role rules scheme School scientific sense serious settle settlement single social society special master studies substantive suits Supp thousands tion toxic traditional trial Trust United veterans workers