Interrogatories and depositions in a tort case against a bankrupt firm are less likely to reveal exposure to asbestos in the firm's product than if the case had occurred before the firm filed bankruptcy.
One of the most significant developments in asbestos litigation in the past 15 years is the rising rate of bankruptcy among asbestos defendants. Bankruptcy reduces the likelihood that exposures to the firm's asbestos-containing products will be identified in interrogatories and depositions.
The quest for greater transparency in the American civil justice system is the topic of a new book of essays illustrating how a balanced approach to increasing transparency can improve the civil justice system, raise public confidence and protect litigants' privacy.
Some argue that the confidentiality of the civil justice system keeps it working efficiently and fairly; others argue that the public is being denied information about hazards that may cause harm. A balanced approach to increasing transparency can improve the system, raise public confidence, and protect litigants' privacy.
This research brief provides an overview of a collection of essays, a collaborative project by the UCLA-RAND Center for Law and Public Policy, examining the trade-offs between transparency and confidentiality in the civil justice system.
Asbestos bankruptcy trusts—created to compensate people injured by the mineral—may be influencing tort cases. The current way that the trusts and the tort cases are linked together may result in payments that are not consistent with the basic principles of the tort liability system.
In July 2009, the UCLA-RAND Center for Law and Public Policy convened a conference to assess the regulatory implications, effect on dispute resolution, and trends in the development of third-party litigation funding.
No-fault automobile insurance, once seen as a way to limit court costs and lower premiums, has declined in popularity among both insurers and consumers because it largely has failed to accomplish either goal.
The National Crime Victim Law Institute's victims' rights clinics have pushed the envelope of victims' rights in their state courts and are beginning to fulfill the intentions of their architects and funders.
Claims for asbestos injuries have risen sharply since the 1990s and total more than 730,000 through 2002. At least 8,400 defendants have paid more than $70 billion on the litigation, 42 percent of which has gone to claimants.
To understand how the losses created by 9/11 differ from those following natural disasters and other catastrophic events, researchers examined the benefits going to those who were killed or seriously injured in the 9/11 attacks and benefits to individuals and businesses in New York City that suffered losses from the attack on the World Trade Center.
Argues that if the main purpose of punitive damages in product liability cases is to deter conduct that results in unsafe consumer products, the threat of punitive damages ought to be better targeted at the conduct of senior management, ...
Recent tort reform debates have been hindered by a lack of knowledge of how jurors assess damages. Two studies investigated whether jurors are able to appropriately compartmentalize compensatory and punitive damages.