That this might be a tort case, an involuntary manslaughter case, a negligence case in which someone died as a result of an automobile accident case.
One reason for Sherwin's success: In a classic tort case--this defendant injured that plaintiff--it's very difficult to prove whose paint is on the walls of an old house.
But with his meticulous detailing of the damages allegedly caused by sulfur-laced wallboard U.S. District Judge Eldon Fallon has established another multibillion-dollar tort case in the making.
Finally, the U.S. Chamber of Commerce viewed this as a tort reform case, protecting corporations from further expensive cases in U.S. courts.
FORBES: The Supreme Court Blocks The Politicization Of International Law
In many areas of life, Americans cheerfully accept that the law intrudes too much: they accept the case for tort reform, and they dislike self-important judges.
California courts hearing the Williamson case determined that the tort suit was preempted and tossed it out of court.
Now the Third Circuit Court of Appeals has ruled that a Pennsylvania judge was correct in allowing jurors to consider that evidence. (Thanks Abnormal Use for the tip.) The decision is interesting because it discusses not only the logical tension embedded in much modern products-liability law but the intellectual calisthenics federal judges must engage in when hearing a case based on state tort law.
FORBES: Jurors Can Hear Evidence Bike Helmet Met Standards, Court Rules
The justices must decide whether a law known as the Alien Tort Statute permits US courts to rule on that case.
Even in a tort-crazy nation it's hard to find a case where a jury ruled that a bat manufacturer was responsible for a fan's injury.
The court heard arguments in February, only to kick the case back with a crucial question: Does the Alien Tort Statute allow such lawsuits at all?
FORBES: Supreme Court Mulls Affirmative Action, Class Actions In Fall Docket
The U.S. Supreme Court will soon hear arguments in a case that tests a philosophical question at the heart of modern tort law: If the cost of pursuing a lawsuit exceeds its value to an individual plaintiff, is that a bad thing?
The case is interesting not only because it highlights a nasty little conflict that mass-tort lawyers would prefer not to talk about.
FORBES: Nextel Labor Settlement Was Great Deal For Lawyers, If Not Their Clients
Although the killing occurred in Colombia, the lawsuit argues that U.S. federal laws -- including the Alien Tort Statute and the Racketeer Influenced and Corrupt Organizations Act -- give American courts jurisdiction in the case.
The fen-phen case, in all its turns, illustrates the conflicts and collusion that are inherent in mass-tort litigation.
FORBES: Superlawyer Chesley Sucked Into Kentucky Disciplinary Probe
The case is the latest and maybe biggest manifestation of what defense lawyers dub the "harm-less" tort.
应用推荐