Class Action Lawsuits and Lawyers
In particular, because asbestos exposures generally happened decades ago, using a public fund rather than the liability system to compensate victims would have little impact on incentives for precaution against future injuries. The main issues raised by proposals for a compensation fund are the potential savings in transaction costs and the adequacy and appropriateness of the funding sources and compensation schedule. Addressing Class-Action Claims Several approaches have been proposed for changing the rules that govern class-action claims. One of those approaches would broaden the "diversity of citizenship" rule to allow more cases to be removed from state court to federal court.
More...
Class Action Lawsuits and Lawyers
Moreover, injurers would pay compensation only to the extent that they had contracted in advance to do so, and in cases of subtle, delayed, or indirect harm, some injurers' roles might go undetected because few, if any, plaintiffs' attorneys would be working to identify the causes of injuries. A narrower variant of the same basic idea would eliminate liability only for those products (or features of products) that have been certified as safe by a federal body, such as the Food and Drug Administration, the National Highway Traffic Safety Administration, or the Consumer Product Safety Commission. Many of the arguments for and against completely eliminating tort liability would apply here as well, at least qualitatively. For example, the same efficiency and equity implications would follow from making consumers bear the risk of using the relevant products.
More...
Class Action Lawsuits and Lawyers
See also Stephen J. Carroll and others, Asbestos Litigation Costs and Compensation: An Interim Report (Santa Monica, Calif.: RAND Institute for Civil Justice, 2002), available at www.rand.
More...
Class Action Lawsuits and Lawyers
The main immediate difference from the standpoint of efficiency is that focusing on products that satisfied federal safety regulations would presumably limit the extent of any increase in injury risks. From the perspective of equity, removing the threat of liability from firms whose products met federal standards might be particularly appropriate. Over time, however, this variant could result in a greatly expanded role for federal regulators--with potentially significant consequences for both efficiency and equity--as firms and industries seeking to exempt their products from liability pushed to broaden the scope of federal safety standards. Replacing Tort Liability with Public Insurance Another variant of the previous approach would eliminate (or greatly restrict) tort liability as described above but replace it with a public insurance system, like the present workers' compensation system or the fund for vaccine victims.
More...
Class Action Lawsuit Lawyers and Attorneys - Eli Lilly and Company ...
The Kahn Gauthier Law Group and Class Action Lawsuit Lawyers and Attorneys are ... Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina ... www.classactionamerica.com/affiliates/ gm/classactionlawsuit.asp?lngCaseID=2794 - 63k -
More...
Lawyers Attorneys
new york auto accident lawyer