Practical Global Tort Litigation

by McClurg, Andrew J.; Koyuncu, Adem; Sprovieri, Luis Eduardo

• ISBN13: 9781594601927
• ISBN10: 1594601925
• Format: Paperback
• Copyright: 2007-04-01
• Publisher: Carolina Academic Press

Summary

The first entry in the Contextual Approach Series to comparative law, Practical Global Tort Litigation takes readers on a journey through a tort case in the U.S., Germany, and Argentina.Using a shattering glass food container as the vehicle, the book compares how a prototypical products liability case would be handled in the U.S. common law system and representative civil law nations in Europe and Latin America. The book analyzes from a real world perspective issues such as fact gathering and presentation, expert witnesses, burdens of proof, theories of recovery and defenses, and damages and attorneys' fees.

Author Biography

Andrew J. McClurg is a nationally recognized torts scholar and teacher. He holds the Herbert Herff Chair of Excellence in Law at The University of Memphis Cecil C. Humphreys School of Law. McClurg's books and law review articles have been cited by numerous courts and in more than 175 different journals. Before joining academia, he served as a law clerk to a federal district court judge and worked four years as a trial lawyer.Adem Koyuncu is both a lawyer and medical doctor. He is a lawyer in Cologne in one of the German offices of Mayer, Brown, Rowe & Maw LLP, a major U.S. firm, where his practice includes German tort and products liability litigation. He is the author of two books and several articles in the field of products liability law, particularly as it relates to the pharmaceutical and medical device industry. He is an active national lecturer and presenter.Luis Eduardo Sprovieri is a partner in the Buenos Aires office of Baker & McKenzie, serving as coordinator of the firm's products liability group for Latin America. He is also a specialist in the fast-growing field of mass tort litigation in Argentina. Before joining Baker & McKenzie, he worked for almost two decades for the Argentine judiciary, reaching the position of Civil Court Clerk in Buenos Aires, the largest jurisdiction in the country. He is the author of several articles on tort law and civil procedure.

Table of Contents

Roadmap to a contextual comparative law journey	p. 3
Three legal systems on three continents - United States, Germany, and Argentina	p. 7
Sources of law	p. 23
The case facts : Silvia Winter v. Value-Store, Inc. et al.	p. 41
Fact gathering and presentation	p. 49
Experts	p. 83
General burdens of proof (and a word about causation)	p. 97
Theories of recovery	p. 107
Defenses	p. 141
Damages, attorneys' fees and costs	p. 155
Final judgment	p. 191
Case law reporting and citation style	p. 221
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