David Bernstein at The Volokh Conspiracy posts the abstract to his recent article, “Getting to Causation in Toxic Tort Cases,” from the Brooklyn Law Review. He describes the piece as a “more or less practical guide for judges and attorneys to causation issues in toxic tort cases, not a philosophic treatise.” The abstract can be found here. (1/5/10).
Michael Ariens of the Marquette University Law School Faculty Blog finds that “the rise (and fall?) of mass tort litigation” is one of “the ten most important changes in the American legal profession since [he] entered law school” in 1979. For his rationale, see here. (1/2/10).
Jeffrey V. Mehalic at The West Virginia Business Litigation Blog writes about Smith v. United Salt Corp., a recent opinion from the U.S. District Court for the District of West Virginia, which found that Plaintiffs’ counsel could contact and conduct ex parte interviews of employees of the opposing party (the Plaintiff’s co-workers) so long as the employees who were contacted were not in a supervisory or managerial role. (12/31/09).