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Practical Global Tort Litigation: United States, Germany and Argentina
 
 
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Practical Global Tort Litigation: United States, Germany and Argentina [Paperback]

Andrew J. McClurg (Author), Adem Koyuncu (Author), Luis Eduardo Sprovieri (Author)

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Book Description

1594601925 978-1594601927 March 30, 2007
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.

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Editorial Reviews

Review

Overall, by working practically through a concrete case this book provides valuable comparative views into the substantive and procedural product liability laws in the U.S.A., Germany and Argentina. The authors deliver - by highlighting the differences between the countries - a well-written presentation, in which they also describe possible defense strategies for manufacturers. In addition to the comparative contents, the book is flavored with experiences and insights of the three authors. Particularly, through its numerous practical aspects, the book delivers inspiring and valuable insights for scientific legal scholars, practitioners and interested students. The benefit of this fluently written book is even enhanced by the fact that each chapter contains a table-sheet summary where the commonalities and differences in the analyzed countries are accentuated. This alleviates the quick look for readers. In conclusion, here is a very felicitous and scientifically and practically valuable book, that can be recommended without reservation. --Recht der Internationalen Wirtschaft (Law of International Economy Journal)

The book convinces by a simultaneous and detailed presentation of central problems of product liability law and the review of the examined jurisdictions as a whole. Therefore, it is valuable for all those readers who practically or theoretically deal with product liability law as well as for those readers who are generally interested in comparative law. --Produkthaftpflicht international (Product Liability International Journal)

[This] book can be recommended with confidence to all those who are interested in product liability law, since even experts may discover some interesting new approaches in this book. The book is also valuable for those generally interested in comparative law, because it demonstrates in an exemplary manner that successful comparative law cannot merely end with a comparison of material norms, but what must instead be pursued is the examination of the law in its entirety, once again by placing the examined legal field in a social, resp. legal, nexus. --Versicherungsrecht (VersR)

In summary, by using an example of a concrete liability case, the book delivers insight into the aspects of the substantive and procedural product liability law in the United States, Argentina and Germany. The book is fluently written and easily to understand. It offers instructive and useful information for experts in companies, lawyers, legal academics and students. Especially useful are the tables at the end of each chapter, which summarize the content of the chapter and outline special characteristics, similarities and differences of the respective law in the three countries. This provides the reader with a quick overview. Everyone interested in product liability or comparative law will benefit from this book. Last but not least, it is quite economically priced. --Peter Hoffman, editor of Food and Law

[This] book can be recommended with confidence to all those who are interested in product liability law, since even experts may discover some interesting new approaches in this book. The book is also valuable for those generally interested in comparative law, because it demonstrates in an exemplary manner that successful comparative law cannot merely end with a comparison of material norms, but what must instead be pursued is the examination of the law in its entirety, once again by placing the examined legal field in a social, resp. legal, nexus. --Versicherungsrecht (VersR)

In summary, by using an example of a concrete liability case, the book delivers insight into the aspects of the substantive and procedural product liability law in the United States, Argentina and Germany. The book is fluently written and easily to understand. It offers instructive and useful information for experts in companies, lawyers, legal academics and students. Especially useful are the tables at the end of each chapter, which summarize the content of the chapter and outline special characteristics, similarities and differences of the respective law in the three countries. This provides the reader with a quick overview. Everyone interested in product liability or comparative law will benefit from this book. Last but not least, it is quite economically priced. --Peter Hoffman, editor of Food and Law

[This] book can be recommended with confidence to all those who are interested in product liability law, since even experts may discover some interesting new approaches in this book. The book is also valuable for those generally interested in comparative law, because it demonstrates in an exemplary manner that successful comparative law cannot merely end with a comparison of material norms, but what must instead be pursued is the examination of the law in its entirety, once again by placing the examined legal field in a social, resp. legal, nexus. --Versicherungsrecht (VersR)

About the Author

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.

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More About the Author

Andrew McClurg is a nationally and internationally recognized law professor. He currently holds the Herbert Herff Chair of Excellence at the University of Memphis law school, where he specializes in tort law. Before coming to the University of Memphis, he was a member of the founding faculty at the Florida International University College of Law. Previously, he was the Nadine H. Baum Distinguished Professor of Law at the University of Arkansas at Little Rock, and also has taught at Wake Forest University, the University of Colorado, and Golden Gate University.

He is the recipient of numerous academic awards, including the University of Memphis's 2009-10 Distinguished Teaching Award and 2009 Excellence in Legal Education Award, as well as five other teaching awards (including four Teacher of the Year awards) and two law school excellence awards for his scholarly publications.

McClurg is the author/editor of five books and roughly 100 other publications. His most recent book, 1L of a Ride: A Well-Traveled Professor's Roadmap to Success in the First Year of Law School (West 2009), is assigned as required or recommended reading at law schools across the country. He is currently working on a follow-up book to 1L of a Ride. He is also the Series Editor for Carolina Academic Press' series of comparative law books, The Contextual Approach Series, and co-author of the first entry in the series: Practical Global Tort Litigation: United States, Germany, and Argentina (2007) (with Koyuncu and Sprovieri).

In addition to his scholarly writings, McClurg is the webmaster of lawhaha.com (a humor site for legal professionals), and the former monthly humor columnist for the American Bar Association Journal. He has been interviewed and quoted as a legal expert by National Public Radio, Time, U.S. News and World Report, the New York Times, and dozens of other media sources. As a legal commentator, he's published op-ed columns in newspapers such as the Washington Post and Miami Herald.

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Inside This Book (learn more)
Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
glass container cases, nonmaterial damages, general tort claim, producing defendants, dynamic burden, manufacturing defect cases, extracontractual liability, most civil law countries, peanuts jar, evidentiary stage, other civil law countries, civil law nations, jar maker, plenary hearing, civil law judges, noneconomic damages, contingency fee system, legal services insurance, products liability law, strict liability claims, lost earning capacity, products liability cases, contingency fee agreements, preexisting defect, civil law systems
Key Phrases - Capitalized Phrases (CAPs): (learn more)
Buenos Aires, United States, Cámara Nacional de Apelaciones, Second Mineral Water Bottle, Product Liability Act, Silvia Winter, European Union, Jurisprudencia Argentina, Latin American, Product Liability Directive, Products Liability Restatement, Argentine Civil Code, Argentine Silvia, German Civil Code, Penelope Peanuts, German Code of Civil Procedure, National Civil Court of Appeals, Sáenz Briones, South America, Federal Rules of Civil Procedure, National Code of Civil Procedure, State Appeals Court, State District Courts, Corte Suprema de Justicia, French Code
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