Product Description
Completely revised and up to date. Thoroughly covers the Class Action Fairness Act of 2005, the 2003 amendments to Rule 23, and numerous important court decisions rendered since the last edition. Covers all of the major topics of class action law and practice, such as commencement of a class action, requirements for class certification, class action discovery, notice to class members, opt-out rights, Seventh Amendment and due process issues, class settlements, remedies, appellate review, issue and claim preclusion, and ethical and policy issues. Also contains a special focus on securities, mass tort, and employment discrimination class actions, defendant class actions and shareholder derivative suits. Explores the latest cutting edge issues in multi-party litigation and discusses numerous ground breaking court decisions.
Customer Reviews:
Good for beginners, but...........2007-04-07
If you want to read about class actions and have not read nothing about this theme before, this book is for you. The explanations are simple, but are good. However, I repeat: this book is for beginners. If you want something more complex about class actions, search for another book. The only point I would criticize is lacking of examples. I suppose some points are very difficult for a beginner to understand without examples, like the Rule 23 requirements applied to defendant class actions. Only because of this, I would not give a 5-star rating to this book.
Average customer rating:
- Another hit for Mitchell
- Dance of the Thunder Dogs
- Mitchell's best yet
- Mitchell does it again
- Sorely disappointed
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Dance of the Thunder Dogs
Kirk Mitchell
Manufacturer: Berkley
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ASIN: 0425199851 |
Book Description
Wounded and estranged from his partner and love interest, Anna Turnipseed, Emmett Parker has come home after 13 years of federal law enforcement with the Bureau of Indian Affairs. At once a son of the Comanche and a government investigator, he has ties to both sides--and is about to discover which side pulls harder.
Customer Reviews:
Another hit for Mitchell.......2007-07-09
Emmett Parker is a Comanche BIA investigator who normally works out of the Arizona office. But as a Special and unique investigator, Emmett is called upon to solve all kinds of crimes.
However, his last adventure cause him physical harm so he has come home to Okalahoma to recuperate and heal, and possibly decide if he still wants to be in this line of work.
Before we can even determine if Emmett is settling into his mother's home for some much needed R&R, he is accused of killing his best friend, being involved in an elaborate scheme to skim money from the trust funds of the Native Americans, and is being hunted by an adversary who has known him all his life. Michael Mangas is an FBI agent out to get Emmett, maybe, just because. He is not sure Emmett is guilty, but it sure is looking that way. Only with cunning and ingenuity and a little help from his friends can Emmett avoid getting killed or captured.
This is a fast-pace book with lots of action and twists. We are not sure who are the bad guys, and who are the good guys. All we know for certain is that Emmett is not guilty and someone else is. Proving it is another kettle of fish altogether.
When an investigator is on the wrong side of the law, he has to be very careful and suspect everyone, including the ones who claim to be helping him.
The ending is true Mitchell, lots of action and fireworks to conclude the storyline, but also, enough hints to leave us waiting for the next installment of Emmett Parker and his exciting life.
Dance of the Thunder Dogs.......2007-05-12
I thouroughly enjoyed this book. Events unfolded at a good pace and there was not alot of the emotional torture that Parker went through with Tumbleweed in previous books. That can get a little tiresome.
Mitchell's best yet.......2007-03-27
Emmet home to recover or retire? Think again.
While it is hard to grasp that immediate suspicion should fall on such a respected law enforcement officer, the intrigues make this a page turner like no other. Parker on his own, on home turf that has become unfamiliar to him through his long absence, adds great cultural background, works very well, and makes this probably Mitchell's best book so far.
However it would be nice to see Anna back in the future somehow...
Mitchell does it again.......2006-05-16
If you're a fan of Indian Country whodunits, Kirk Mitchell is tops. I could go on, but I'd just be repeating myself. This is a terrific read.
Sorely disappointed.......2006-03-22
The human side of the book, which was most germane to all of the preceding books, was mostly lacking in this story. The tale was told exclusively from an indian viewpoint except from the nuiance of Comanche sexuality. His previously books weave several layers of the indian viewpoint regarding sex, and this book ignores it except in a superficial way.
It also was somewhat difficult to see Parker go from being a presidential decorated "hero" to a fugitive to be "shot on sight" in only a few pages. It seems that there were a few too many miracle escapes.
The ending was not the most believable and seemed to end the story a little too rapidly.
I'm looking forward to the next one, hopefully with the return of Turnipseed.
Book Description
Class action law suits abound, but what is their purpose, and who benefits? This independent look at class action practices discusses the history of such cases, the driving forces behind them, and the justice or protection that their settlement provides. A comprehensive picture of class action suits in the 1990s comes to life in 10 fascinating case studies that will make you question whether the plaintiff attorneys, the defendants, the consumers or the public were fairly served.
Customer Reviews:
Transparent and Balanced Research.......2001-04-28
This study is likely to remain the last word on class action research for some time to come. The depth and breadth of this study is extraordinary - and so are its revelations.
This is by any standard a major piece of work and we are fortunate that the RAND Institute for Civil Justice has the resources to publish it so fully. The substantial appendices contain much of the detail about methodologies, data collection and calculations that usually have to be omitted from law review articles. Readers can judge for themselves the thoroughness of the researchers and the accuracy of calculations supporting many of their assertions and assumptions.
At heart of this study is the question whether the policing of the public interst and public safety ought to be a function of the state or of "private attorneys general". The study is largely non-judgmental - although you may conclude that this research suggests an answer. There is plenty of ammunition for both points of view to be found in this book.
It is a treasury of fascinating facts about this kind of litigation. It includes the revelation that some attorneys were remunerated at the rate of $2,000 per hour for their efforts - and to think that we thought only mergers and acquisitions lawyers could aspire to that kind of reward!
The only criticism I have to make is that the executive summary that RAND publishes separately is not contained in the book. That is a useful document and its inclusion here would not have added substantially to publication costs but would have enhanced the final product.
An indepth, benchmark study........2000-09-07
Class Action Dilemmas: Pursuing Public Goals For Private Gain is the collaborative effort of Deborah R. Hensler, Nicholas, M. Pace, Bonita Dombey-Moore, Beth Giddens, Jennifer Gross, and Erik K. Moller under the auspices of the Rand Corporation's "Institute for Civil Justice". This in-depth, benchmark study examines newly compiled information about class action law suits and offers a thoughtful discussion of current trends in mass litigation and their implications for the future. Data was collected from extensive interviews with case participants, various electronic sources, court records, and other legal documents. Commentary on the federal class action rule is also reviewed along with the most recent attempt to revise the rule. The contributors discuss the history of the controversy of class action law suits, and present ten illustrative case studies. In addition, proposals for options for reform that may improve the balance of public good and private gain are offered for consideration. Class Action Dilemmas is a very highly recommended addition to professional, governmental, academic, and judicial reference libraries.
Book Description
The Money Lawyers memorably describes how lawyering has become a money-driven business rather than a profession. It explores the lucrative world of class-action litigation, where plaintiff lawyersThe Class-Action Clubgarner billions of dollars through suits against manufacturers of items such as breast implants, asbestos, diet pills, and tobacco. Also featured: the new superlawyer David Boies of IBM/Florida vote fame; the Washington lawyer-lobbyist Tom Boggs; and the messy divorce of securities strike-suit lawyers William Lerach of San Diego and Melvyn Weiss of New York. The dark side of white shoe law is detailed in an account of how a Wall Street firm cast out partners so that survivors could make more money, and the price the firm paid for its blatant disloyalty. Here is a startling exploration of lawyers and law firms today.
Customer Reviews:
Very interesting and thought-provoking, but needs editing.......2006-08-15
I liked this book a lot. It covers a variety of lawyers and law firms to give the reader a representative view of various law practices with seemingly questionable morals or ethical practices. It runs the full gamut, from Plaintiffs lawyers dealing with diet pills and breast implants, to securities class-action litigation, to lobbying, to white shoe law firms and David Boies. All these different lawyers are used to show much of what is wrong with many of the major players in the legal system today.
On another note, this book appears to have been very poorly edited. Typos abound, and transitions are done very poorly. Goulden jumps around between lawyers and topics, and does not stay very focused at times. The book also should have been a bit more comprehensive, e.g. discuss what's right with the legal system, problems with conservative jurists and lawyers, etc. But on the whole, I liked it.
So, So - No Great Insights!.......2006-05-31
Goulden points out that a 2003 Manhattan Institute study concluded that litigation settlements exceeded $200 billion/year, about 2% of GNP, and far more than any other country. (Eg. Dow Chemical sets aside $1 in 160 for litigation in the U.S., $1 in $40,000 in Europe.) Lawyers get about $40 billion of this.
Two questions immediately come to my mind: 1)Is this true? The current administration has made great claims on the costs of malpractice suits on medical costs - more objective sources, however, dispute those findings. 2)Do malpractice lawsuits serve a valuable need? Repeated studies have found enormous amounts of error in healthcare - neither laws nor economic incentives to-date have helped. In fact, economic incentives are a large part of the problem - the more errors, the more revenues and profits! However, rising malpractice costs persuaded anesthesiologists to substantially improve their practice - clearly a benefit.
Regardless, "The Money Lawyers" then goes on to cover several leaders in the field, starting with David Boies, of Microsoft and the 2000 Presidential election fame. His background, early cases (eg. defending CBS against General Westmoreland in a slander suit, defending IBM against monopoly charges), case selection logic, and questioning approach are summarized for readers.
Another titan covered is Thomas Hale Boggs - leading lawyer lobbyist - his firm representing 225 or so entities and collecting more in fees than any other lawyer lobbyist firm in '04. Particular strengths include free trade, Alaskan oil drilling, finding federal funding for eg. universities and Iraq reconstruction firms. Boggs' start was undoubtedly helped by being the son of the Democratic House majority leader, and he prides himself on having a bipartisan staff with expertise in a wide range of areas.
Must reading for law students.......2006-03-19
Joseph Goulden's latest book should be required reading for every law student. It might make them stop and think: "What am I going to do when I get admitted to the bar? Become a 'money lawyer' or be able to look myself in the mirror every morning and look my kids in their eyes when I tuck them in?" Based on extensive research and hundreds of interviews, Goulden's portraits of America's most powerful "money lawyers" are not pretty. The billion-dollar industry of class action lawsuits is described in all its greed. A Hollywood film based on his fascinating account and detailed analysis of the silicone breast implants class action cases would make "A Civil Action" look like a kindergarten sand-box squabble. "The Money Lawyers" is an eye-opening book for anyone interested in the law, and especially for those concerned about the future of the American legal system. And in conclusion, Goulden, offers some sound suggestions on what to do about rampant abuses.
Another Million Little Pieces.......2006-02-18
Doctoring the facts must be good business. Joseph Goulden appears to be the latest author to fall victim to the temptation of letting his own preconceived story override both the truth and logic. In this case, Goulden proudly trumpets his own moral character and purported research skills while fumbling badly with even the most simple concepts of the law and legal practice. The books most documented (and best written) facts are those taken directly from the New York Times or Wall Street Journal -- although Goulden often confuses editorials with news reports. From there, however, the book generally rambles through anecdotal stories or imaginary meetings or phone calls that Goulden supposes took place. When it comes to most sordid details, there's obviously a reason why books like this fail to document any sources.
You might be able to overlook all of these failures if, at least, the sordid details were interesting. Unfortunately, they're not. If this was meant to be fiction, it's a dull and poorly written story that certainly isn't going to be a threat to the Grisham or Turows of the world. If actually intended as fact, it's still dull and poorly written and Goulden has much to learn about the most basic aspects of primary research and accuracy (or at least consistency when you're inaccurate).
Book Description
A journalist's unsettling and timely investigation into the ties between Beverly Hills, its oil wells, and a local cancer cluster
Beverly Hills High School is the crown jewel of a storied community that has long symbolized wealth and privilege. No one, including the author (class of 1971), thought twice about the oil pumps behind the school's athletic fields; the derricks were just a part of the landscape, bringing in a sizable amount of royalty money to the community. But in 2003, after a group of young graduates developed cancer and the loudmouthed and sensationalistic Erin Brockovich caused a stir claiming the drilling was the cause, Beverly Hills was dragged into a landmark tort case that has split the town in two and will cause a media stir when it goes to trial later this year.
In Parts per Million, Joy Horowitz tells the story behind the headlines, interviewing cancer specialists, lawyers, epidemiologists, city officials, residents, and Brockovich herself. She crafts a riveting picture of PTA moms fighting for the truth, parents in denial, cancer-ridden youth, a school board terrified of having failed in its obligation to keep kids safe, and the complex game of toxic tort litigation that stands to strike a huge financial blow to the powerful oil companies and the iconic community. A Civil Action meets An Inconvenient Truth, Parts per Million couches medical and scientific inquiry in a compelling legal drama. Horowitz examines our tangled relationship with oil, money, and the environment, and bravely questions how many more will have to die before government regulators put economics aside and heed the warnings of science.
Customer Reviews:
A story of hystteria by a hysteric author.......2007-09-28
Joy Horowitz doesn't tell it like it is. No one ever proved that the oil wells on the Beverly Hills High School campus ever caused any illness. There is no credible scientific proof. Just hysterical allegations.
Since I had experience in closing down many oil wells in Torrance, I was hired by the City of Beverly Hills in 1973 to get rid of the oil wells on the Beverly Hills campus. At that time they were scattered on the campus. Oil was selling at about $2.00 a barrel and the oil well field was just about exhausted. Only a major investment in injection technology which would have forced the oil out of the sands would have made the wells productive. The owner did not have the money. The Beverly Hills School Board also wanted to get rid of the wells but did not know how to do it.
I began preparing a strategy for closing down the unproductive wells and the necessary ordinances. But at the time, the owners, the Beverly Hills Oil Company, were just looking for a way to get out, hoping that they would be bought out. However, at that time the nation suffered from an oil embargo and the price of oil shot sky high and the value of the oil leases sky rocketed.
The oil embargo was eventually lifted and oil prices came down but still were significantly higher thus the oil company 's revenues from even its limited production of oil were sufficient to not only cover the costs of production but to make a tidy profit. But if the company could expand its drilling and recover the oil remaining in the oil field there were much better profits.
Nothing really happened though until Proposition 13 passed which significantly reduced the amount of revenue available to the School District. The oil company then came up with a proposal that appeared to be win-win for both the oil company, the School District, and many property owners in Beverly Hills who had leased the oil rights to the oil company. The oil company proposed to consolidate all of its wells into one drill site which would eliminate the wells scattered around the high school and they would pay substantially higher royalties to the School District and the property owners.
There was however, a fly in the ointment. It had to be approved by the City. The City Council wanted the oil wells to go away but there was considerable political pressure on the Council to at least consider the proposal. Adding to the problem was that the School District has no one with any experience with oil drilling so the task fell to the City and primarily on me. I am an opponent of oil drilling having been involved in opposing oil drilling on the coast in the Pacific Palisades and also trying to get the Occidental Oil drilling site on Pico in West Los Angeles shut down.
Consequently, the City required an extensive Environmental Impact Report which was prepared entirely by independent consultants hired by the City but principally recommended by me. Every possible hazard including health hazards were explored and if there was even the slightest hint of a hazard, strict conditions were imposed, many of them expensive. For example, the oil company had always transported the oil from the site by truck, but the City required that the oil be transported by pipeline. There were nearby oil pipelines from other sites in Century City to connect to.
The City also wanted the drill site extensively camouflaged so that it did not look like an oil well. However, the City had imposed so many conditions on the site, that the costs of better camouflaging the site would have left almost no profit for anyone to divvy up so that condition was dropped and the existing tower was constructed. At that time oil was selling at around $18 a barrel.
I am satisfied that the conditions imposed upon the drilling were so stringent, particularly on air pollution, that there was no hazard whatsoever to the students and faculty of the high school and knowing how tough the City enforces conditions, that there was no risk of any health hazards to people or to the employees working on the site.
That is why when Erin Brockovich filed the law suit I knew that it was bogus and complete nonsense, particularly when the case was laid out. If anyone was exposed to
potential harm it was the employees and there were no reports of any illness among them. Moreover, oil wells have been on the High School campus since it was built in 1928 and those wells never had the protections that the wells now have and there never were any reports of illness. Additionally, there are thousands of oil wells in the County and few have the protections built in to the high school site and there have been no reports of any illnesses that resulted from those wells.
The more Brockovich laid out the case the more apparent it was that she was relying on "junk science." Clearly some of it was absolutely bogus. But for those unfamiliar with what is involved, her case sounded extremely reasonable. I have thought at times that she may have grossly exaggerated the case in order to stir up public hysteria in hopes of winning a major settlement. I suspect she knew that she could never prove the case if it went to trial.
Joy Horowitz appears to be one of those caught up in the hysteria and her book reflects that hysteria. It is obvious that she doesn't have the scientific training to understand how to prove the connection between a source and the cause of an illness or she would have understood why the case was a hoax.
Human Tragedy.......2007-08-20
This intense, clearly and compellingly written, painstakingly researched epic is a human tragedy set in a medical and environmental disaster affecting children and their teachers, and the residents of an entire neighborhood. While similar cancer clusters have appeared in other locations, the clear cause of the cancer cluster at Beverly Hills High School has blinded the local government, parents and other residents, and has caused them to act against the best interests of their children and community, dooming them to a huge risk of an array of early fatal cancers. Horowitz has dug deeply into the scientific background and legal action of this disaster, producing a page-turner, despite the volume of information. If this can happen in a wealthy community with the resources of Beverly Hills, it can happen anywhere (and is). Anyone interested in the intersection between business and environmental and legal issues must read this excellent book, which in my opinion should win the Pulitzer Prize!!!!
A Must Read.......2007-08-14
Joy Horowitz has written a mesmerizing and disturbing account of what is hidden from us, literally and metaphorically. She weaves compelling personal stories together with a history of Beverly Hills, its glamour and secrets, as she exposes the ubiquitous role of oil in this country. A Beverly Hills High graduate herself, the author infuses her journalistic account with a first hand knowledge of the place and the people about whom she writes. It is a moving and revelatory book. And you will want to underline at least one thing on every page.
Riveting.......2007-08-14
I can't believe how much of a page-turner this book is, given the complex and technical nature of the subject. I was hooked on the second page when the author described the magazines in a hospital waiting room having pages as limp as silk. Such details give a texture to the material which could in other less competent hands be as dry as a bone. That and the fact that the author, an alumna of Beverly Hills High, isn't hopeless about the hideous, head-in-the-sand response from the School District and the City of Beverly Hills. It's a truly marvelous book!
A captivating, informative journalistic thriller.......2007-08-06
It's a rare privilege to be able to join a journalist at the top of her game in her search for the truth. That is what Joy Horowitz invites and allows us to do. I urge everyone awake to accept the invitation and
read this book. Then go wake up someone else and give it to them. It's too
important to miss and it's a thrilling, chilling, moving and finally remarkably human story. Don't miss this one!
Book Description
In the tradition of A Civil Action and Erin Brockovitch, Class Action is a story of intrigue and injustice as dramatic as fiction but all the more poignant because it is true.
In the coldest reaches of northern Minnesota, a group of women endured a shocking degree of sexual harassment–until one of them stepped forward and sued the company that had turned a blind eye to their pleas for help. Jenson vs. Eveleth Mines, the first sexual harassment class action in America, permanently changed the legal landscape as well as the lives of the women who fought the battle.
In 1975, Lois Jenson, a single mother on welfare, heard that the local iron mine was now hiring women. The hours were grueling, but the pay was astonishing, and Jenson didn't think twice before accepting a job cleaning viscous soot from enormous grinding machines. What she hadn't considered was that she was now entering a male-dominated, hard-drinking society that firmly believed that women belonged at home–a sentiment quickly born out in the relentless, brutal harassment of every woman who worked at the mine. When a group of men whistled at her walking into the plant, she didn't think much of it; when they began yelling obscenities at her, she was resilient; when one of them began stalking her, she got mad; when the mining company was unwilling to come to her defense, she got even.
From Jenson’s first day on the job, through three intensely humiliating trials, to the emotional day of the settlement, it would take Jenson twenty-five years and most of her physical and mental health to fight the battle with the mining company. But with the support of other women miners like union official Patricia Kosmach and her luck at finding perhaps the finest legal team for class action law, Jenson would eventually prevail.
Clara Bingham and Laura Leedy Gansler take readers on a fascinating, page-turning journey, the roller-coaster ride that became Jenson vs. Eveleth and show us that Class Action is not just one woman's story, it's every woman's legacy.
Customer Reviews:
Amazing book.......2007-08-04
I grew up on "da range" and I'm familiar with the mines. My hometown is Hoyt Lakes, not very far from Eveleth. My dad and one of my uncles worked at LTV Steel outside of Hoyt Lakes, I think even my brother worked there for a while. I don't remember hearing anything of the trial. Back in 1998 I was 9 years old. I became familiar with it, when they were filming the movie North Country while I was going to the community college in Virginia. I've watched the movie multiple times. Then this summer in one of my English classes we were required to read Class Action. By the time the class finished I hadn't finished the book yet, but that didn't stop me from reading it. This is a really great book, and I've had a hard time putting it down. Its so interesting to learn the facts of the case, and was even more surprised when I recognized some of the last names of the people. I haven't quite finished yet, I have about 60 pages to go. I keep finding myself getting irritated with the rulings of Judge McNulty. This is a very important book, and in my opinion everyone should read it.
Iron determination.......2006-08-28
Like some other reviewers I came across this book after seeing the movie North Country. The movie though is just good entertainment pulling at the heartstrings and very loosely based on the legal problems of single mother Lois Jenson.
The book, I'm pleased to say, is much more gripping and will keep you turning the pages until the end. I thought it raised various issues like:
*Why did the legal aspects of this case take from 1984 until a settlement in 1998? In 1997 a judgement from the Eighth Circuit court commented on the 'inordinate delay' and that it simply was not possible for the parties to get justice 'when a final outcome is issued more than ten years' after the case was filed and more than fifteen years since Lois started her class action.
*Why did the mineworkers union maintain such a male chauvinist view towards its female members? I always assumed that Minnesota folk, historically populated by hard working European immigrants in a hostile physical environment would have been much more sympathetic to the sexual harassment that went on year after year in the mines. In fact very few males come out of this story with much credibility, from the mine management down to the union, they are really shown to be sexist and ultra conservative when females start to (legally) work in their domain.
*Why did it take so long for the mines main insurance company, who were going to be the ultimate payers of any compensation, to get to grips with the case? When they did get closely involved in 1998 the problems seemed to evaporate and the ladies got their money
The authors write in a simple straightforward style fortunately avoiding flowery generalisations that seem a staple of non-fiction writing. The story unfolds in a logically time frame from March 1975 to the final financial settlement in November 1998. Early on there is an excellent historical overview of the Mesabi Range and the importance of the raw materials lying just under the surface. A nice touch I thought was the frequent explanations of points of law and how these affected the progress of the case.
A couple of points occurred to me as a read the book: I would have liked to see a listing at the start describing the principals, frequently a name popped up and I wondered who the person was having seen a mention maybe a hundred pages earlier. So much of the story describes the mine and other buildings, a simple diagram of the plant layout would have been helpful.
'Class Action' is a powerful narrative about a hostile working environment and the legal system and it reminds of a quote by Thomas Noon Talfourd:
Fill the seats of justice
With good men not so absolute in goodness
As to forget what human frailty is.
BTW. I wanted to see photos of the four heroes of the book, the wonderful Lois Jenson and her legal team Paul Sprenger, Jane Lang and Jean Boler and I found them all through Google Images.
A must read.......2006-05-29
A story of great courage and resolve, of working conditions beyond the pale, and the vicissitudes of the courts. Well written, in journalistic style, this is a page-turner, as well as being thoroughly researched, and factually accurate.
Class Action.......2006-05-09
This is by far one of the best books I have ever read. This is something our school kids should be required to read as well. The 2 ladies who wrote this book did an excellent job of telling Lois Jenson's real story. Her story, while tragic, needs to be told. The movie doesn't do this book justice.
Class Action. Review from a reader.......2006-04-17
This is a must read for anyone considering a civil suit. Unlike the other reviewers, I did not feel this book glorified the lawyers. On the contrary, Bingham and Gangsler went further than any other writer by exposing the cost of litigation - the abuse and exploitation of injured litigants by lawyers and judges who make their living off our courts. Lori Jenson is the only heroine in this story. Through the authors I felt her pain and realized her sacrifice for all of us.
But, the screenwriters of North Country made a mistake by concentrating on the sexual harassment part of this story in their version of this book. It is as if they did not read past the first few chapters. The screen writers either missed the message or underestimated the fears of litigants in the over 100 million cases filed each year in American courts. The wider scope of injustice, the legal and judicial wrongs exposed in this book, would have made a better story. But, even if you appreciated the movie, North Country, you need to read this story. The truths it reveals about America's justice system demands that Class Action be a part of everyone's personal library.
Book Description
This volume is the first of a new series edited by the International Bureau of the Permanent Court of Arbitration (PCA) -- The PCA/Peace Palace Papers -- which contains the papers emanating from the semi-annual seminars organized by the PCA in the Peace Palace. Each seminar focuses on a topical issue of international law. The first seminar was held on December 9, 1999, and dealt with Institutional and Procedural Aspects of Mass Claims Settlement Systems. Four speakers from Europe and the United States, recognized experts in their field, shared their practical experience with the respective systems dealing with mass claims.
Book Description
This casebook focuses on one of the most important and dynamic areas of modern federal and civil practice - aggregate-party litigation, particularly class actions. Examples of such litigation include path-breaking cases involving Agent Orange, breast implants, tobacco, and contraceptive devices. In addition to class actions, the text addresses joinder, consolidation, intervention, impleader, interpleader, multi-district litigation, and bankruptcy, among other topics. It includes rich theoretical materials, as well as practical discussions useful for a student contemplating a professional focus in class actions. The second edition covers major developments since the first edition, including the 2003 amendments to Rule 23 and the Class Action Fairness Act of 2005. It also includes several major Supreme Court and federal court of appeals decisions that have been handed down since the first edition.
Customer Reviews:
It's a very impressive book........2007-01-13
I am the professor majoring in law in South Korea.
I am an attorney of N.Y State. I earned LL.M. degree at the George Washington Law School in 1995.
I read the book. And I was very impressed by it's high quality.
I strongly recommand this book.
Recently, the modern disputes which accompany collective and diffused damages such as consumer conflicts and pollution conflicts occur frequently because of the rapid industrialization and the complexity of social environment. But the present litigation system can't relieve damages satisfactorily. On account of that, public criticism is aroused in the form of the collective enmity of the people. It is the judicial settlement that fixes the conflicts desirably.
To cope with these conflicts, there is Class Action, Citizen Suits in America and Verbandsklage in Germany. In Korea, the discussion to introduce Class Action is being hotly spread out.
In the position of a plaintiff, the collective litigation system is the useful means of judicial relief for many victims with small sum damage. In the position of court, the collective litigation system can promote the judicial efficiency through the unificative decision.
There is quite differences between the two systems. The Verbandsklage of Germany gives the right to litigate only to the qualified organizations while the Class Action of America gives the right to litigate to a private person in principle and doesn't limit it to a specific person.
Moreover, the Class Action of America is applied to the post-relief of damages yet happened but the Verbandsklage is used to hinder damages from happening by preventing offenses. In the back of these differences, there are differences of legal culture between the two nations. Germany fundamentally has a collective legal culture or legal culture centering around the legislative body while America has an indivisualistic legal culture. Therefore, in the Class Action of America, an individual takes the lead and the individualistic profit is an important object. But in the Verbandsklage of Germany, groups take the lead and the public profit is an important aim.
The identity of the Korean environmental law must be secured not through closure and insulation but through open-hearted attitude and positive groping.
The introduction of Class Action doesn't settle all questions. The important thing is not the introduction of the collective litigation system but its proper administration and strong will to settle the question. In this sense this book will contribute the development of
Korean class action law.
Again I strongly recommand this book.
Average customer rating:
- Excellently written, but read with caution.
- Biased, unbalanced, conservative...complete garbage
- anti-Southern bigotry notwithstanding, a thorough attack
- A Highly Relevant Expose
- Clear and Direct
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The Rule of Lawyers: How the New Litigation Elite Threatens America's Rule of Law
Walter K. Olson
Manufacturer: Truman Talley Books
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Binding: Hardcover
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ASIN: 0312280858 |
Book Description
Big-ticket litigation is a way of life in this country. But something new is afoot--something typified by the $246 billion tobacco settlement, and by courtroom assaults that have followed against industries ranging from HMOs to gunmakers, from lead paint manufacturers to "factory farms." Each massive class-action suit seeks to invent new law, to ban or tax or regulate something that elected lawmakers had chosen to leave alone. And each time the new process works as intended, the new litigation elite reaps billions in fees--which they invest in fresh rounds of suits, as well as political contributions. The Rule of Lawyers asks: Who picks these lawyers, and who can fire them? Who protects the public's interest when settlements are negotiated behind closed doors? Where are our elected lawmakers in all this?The answers may determine whether we slip from the rule of law to the rule of lawyers. AUTHORBIO: WALTER K. OLSON is the author of The Litigation Explosion (1991). A senior fellow at the Manhattan Institute, Olson has written on law and lawyers for the Wall Street Journal, the New York Times, City Journal, and others. He lives and works in Chappaqua, NY.
Customer Reviews:
Excellently written, but read with caution........2007-07-26
Walter Olson, as other reviewers have noted, is biased. He is a pro-business conservative who works for pro-business causes. This book, as other reviewers have noted, does not address the corrupt nature of corporations or their lack of accountability to the consumer.
On the other hand, those points have nothing to do with his thesis: that a small elite of plantiff trial lawyers, using government influence and sloppy law, have turned the civil justice system of the United States into a gigantic blackmail machine for their own enrichment. Olson supports this thesis with chapter after devastating chapter showing how nepotism, abuse of class action, junk science, the triumph of emotion over fact, and above all the ability to sue without any grounds whatever without any consequences have destroyed justice in the civil system.
Olsen offers several solutions to these abuses. He proposes instituting European standards for civil suits- that is, the loser pays all the winner's legal costs. He proposes a ban on percentage-of-settlement contingency fees. He proposes massive class action tort reform- under the current system class action lawyers win massive payoffs while their clients, who generally don't even KNOW they're clients, at most get a coupon for a product they no longer want. Most of all, he calls on his readers to be aware of the issues of tort reform in the political arena- an awareness made all the more necessary by the prevalence of trial lawyers in legislative office and the massive campaign donations trial lawyers give to establishment officials.
Don't take everything in this book as gospel, and certainly question Olson's bias. Even after doing so, the simple facts in the book demonstrate beyond doubt that corrupt lawyers not only use the system to their own advantage, but in so doing endanger the freedom of all Americans- particularly the freedom from judicial extortion.
Biased, unbalanced, conservative...complete garbage.......2006-09-10
This book is terrible on multiple levels. Rather than discuss tort litigation with a balanced approach, and then leading to a "tort litigation is bad" conclusion, it starts with the premise that tort litigation is bad and goes downhill from there.
Everything, including facts, discussion, opinion, and analysis, is biased. For example, attorney generals who are true consumer advocate hawks (e.g., Eliot Spitzer) are deemed "hyperactive"; referring to an associate of Ralph Nader as the "chief pot stirrer" who has a "relentlessly accusatory public persona" and is "always on the attack." His bias is also subtle. In one instance, he sings the praises of the American College of Rheumatology (ACR), which found evidence that silicon [...] implants do not expose patients of rheumatic disease. This is a subtle slight of hand because Olson conveniently forgets to point out that the ACR has a vested interest in funding and/or publishing research that leads to this conclusion (there is NO way the ACR would publish a paper leading to the conclusion its practictioners have been partially responsible for the poisoning of thousands of women; it is a peer group made up of practictioners!!!).
Olson demonizes specific targets that suspiciously reflect those of conservatives. The media, trial lawywers, consumer watchdogs, etc., are deemed evil. The media (read: the "liberal" media) perpetuates tort scares, and serves as the unwitting (or witting) accomplices to the plaintiff's bar. Apparently, Olson has never watched Fox "News" or "far and balanced" idiots like O'Reilly. Ralph Nader is also attacked endlessly. Nader made his mark in the 1970's bringing the Pinto class action against Ford. Olson mentions the suit, but fails to look into the deeper issues of corporate responsibility, the fact that individual claimants cannot individually match the resources of Ford in bringing the suit, etc. Consumer advocates are painted as being in the pocket of the plaintiff's bar, needlessly aggressive, unscrupulous, etc. Olson's ideology defies common sense. Does he actually believe Enron was a good thing, or that Consumer Reports is a bad thing? His approach inescapably leads to this illogical conclusion.
What becomes evident are those things that are "good." Corporations are revered, and good for America; their executives would never choose profits over ethics. In Olson's world, there is no such thing as inequality of resources in bringing suit (which the class action suit can help remedy). In his world, medical malpractice damages caps are welcome, but liability premium caps by insurers (to doctors) are not.
Perhaps the most infuriating aspect of his ideological approach to "tort reform" is his failure to recognize what tort law does, and that many tort lawyers are ethical and truly care about the well-being of their clients. For example, he fails to discuss that products, although made by responsible individuals and/or corporations, sometimes have defects that when the conditions are right, can lead to truly disasterous results. Instead, he pontificates about how products like the Pinto had a comparatively safe record. This is NOT the point. The point is that the single defect that makes it hideously dangerous should be corrected. If the defect is not fixed (e.g., not cost effective), the ONLY avenue to remedy this problem is to bring suit. In Olson's world, this is a bad thing; a person who is harmed by a corporation that produces a dangerous product should not be able to bring suit against that corporation. Olson fails to realize that the corporation saves money for not correcting the product, while the person harmed may be straddled with debilitating injuries and medical bills. Apparently, in his world, this inequity is a just result; "buyer beware" is the only warranty that should be permitted. Likewise, in his world, a lawyer who brings a suit against the corporation is, by default, greedy and evil. Again, he fails to know (or discuss) that bring suits are VERY expensive, and plaintiff's lawyers take enormous financial risks to bring such suits. It never seems to dawn on Olson that damages plaintiff lawyers receive are offset by costs to bring suit, similar to "net profits" to a company. In Olson's world, such lawyers should be paupers and should take any such risks without any form of compensation. His logic is moronic.
In short, Olson is a tool of the insurance industry and conservative ideology. He only presents a one-sided view of the issues, and does not give the discussion (or the plaintiff's bar) any form of respect. If you would like a meaningful discussion of tort law and litigation, avoid this book, and its author, like the plague.
anti-Southern bigotry notwithstanding, a thorough attack.......2005-05-31
In The Rule of Lawyers, Walter Olson describes how a Southern "Jackpot Belt" from South Carolina to Texas awards ridiculous damages against "foreign corporations." Olson perceives the slick trial lawyers as taking advantage of parochial, bigoted jurors in what others might call the "Bible Belt." Such jurors, whom Olson derides as "the few, the proud, the ill-informed," (p. 245) are ignorant participants in a massive "get-rich-quick" scheme that redistributes corporate wealth to greedy lawyers with political ties.
Of course, Olson does not wittingly insult conservative Southerners. From his vantage at the Manhattan Institute, he charitably acknowledges their "fabled hospitality" (p. 209) while striving to arouse their fervor against lawyers who might pose beneath a "picture of a naked lady" (p. 74). Yet when Olson suggests Midwestern and Southern jurors are particularly susceptible to "junk science" sold by slick lawyers to ignorant, bigoted, rural folks in asbestos, breast-implant, automotive, tobacco, and other litigation, one wonders why they wouldn't take umbrage.
All the expected pellets are fired in this barrage of grapeshot against the plaintiff's bar: the lawyers fly around in private airplanes (much like the corporate executives they sue), they profit tremendously from their trade (much like the corporations they sue), and they lobby politicians (much like the corporations they sue). While seeking a quick buck, the slick lawyers stretch and break the law (much like the corporations they sue). These dastardly characters are not to be trusted (much like...).
As Olson tells it, a couple of corporations may have done a few bad deeds, but Southerners in the "Jackpot Belt" punish the guilty and innocent alike. As he tells it, corporations would never hurt a fly, let alone kill a human being by hiding hidden risks in a dangerous product. When Swiss banks benefit from the Holocaust, Olson turns a blind eye; but if American corporations benefited from the slave-trade, Olson writhes with anger at the greedy lawyers seeking a quick buck for seeking reparations.
Notwithstanding the anti-Southern bigotry which a casual reader might overlook by failing to connect the dots between the chapters, the book inventories all the slurs available against the plaintiff's lawyers. Olson merits a quick glance, in case one failed to realize that slick lawyers earn money by winning lawsuits. For fairness or balance, look elsewhere.
A Highly Relevant Expose.......2004-07-12
Walter Olson's The Rule of Lawyers is a highly relevant book for our ever more litigious society. In a well-written 307 pages, Olson presents a scathing indictment of what he refers to as "the Fourth Branch of Government"- trial lawyers. Olson clearly and persuasively argues in this book against the tort industry- beginning the book with a history of how our nation has allowed open season on a variety of industries- tobacco, car manufacturers, and gun manufacturers (among others) and walks the reader through the various campaigns the litigation elite have waged against Dow Corning, asbestos suppliers, and others. Olson also examines other litigation phenomena such as how TV newsmagazines act as mouthpieces for trial attorneys and how attorneys manipulate our jury system to achieve huge verdicts for their clients. Particularly interesting to me was the chapter entitled "The Jackpot Belt" where Olson analyzes trends in jury awards in states from Texas to Florida (the Jackpot Belt supposedly stretches from Beaumont to Pensacola) where juries have been especially generous in punitive damage awards.
I would recommend this book for anyone from lawyers, to law students or even to the layperson with an interest in this subject. Olson avoids technical, complex language and jargon and the book is highly readable.
Clear and Direct.......2004-02-13
Walter Olsen has done a fine job of analyzing the inherent conflict of interest between the legal profession and Justice and the threat it posses to the ideals of Democracy.
Even those who support our odd system of civil justice will find things to think about.
Book Description
The traditional definition of torts involves bizarre, idiosyncratic events where a single plaintiff with a physical impairment sues the specific defendant he believes to have wrongfully caused that malady. Yet public attention has focused increasingly on mass personal-injury lawsuits over asbestos, cigarettes, guns, the diet drug fen-phen, breast implants, and, most recently, Vioxx. Richard A. Nagareda’s Mass Torts in a World of Settlement is the first attempt to analyze the lawyer’s role in this world of high-stakes, multibillion-dollar litigation.
These mass settlements, Nagareda argues, have transformed the legal system so acutely that rival teams of lawyers operate as sophisticated governing powers rather than litigators. His controversial solution is the replacement of the existing tort system with a private administrative framework to address both current and future claims. This book is a must-read for concerned citizens, policymakers, lawyers, investors, and executives grappling with the changing face of mass torts.
Customer Reviews:
R.A. Nagareda does it again!.......2007-09-12
Simply brilliant. R.A. Nagareda presents the mass torts landscape as no one else could. A MUST read for anyone with even a passing interest in the field.
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