As a general matter, the questions examined involve the relationship of the federal judiciary to the other branches of the national government and to the governments of the states. This course examines problems in complex mass tort litigation, which emerged upon the litigation landscape in the 1980's. Initially, the course surveys paradigmatic mass tort cases, such as those involving the Dalkon Shield, Agent Orange, and asbestos to understand and define the unique issues in the context of mass tort litigation, as opposed to traditional two-party tort litigation. We will also examine other mass tort cases involving single mass disasters, such as Bhopal, Three Mile Island, the Hyatt-Regency Skywalk collapse and the Dupont Plaza Hotel fire. We will then examine in greater detail mass products liability litigation involving bendectin, DES, silicone gel breast implants, heart valves, pedicle screws and repetitive stress injury claims.
Lawyers negotiate all the time, no matter what their specialty.
They negotiate on their own behalf, as agents for clients, and sometimes with assistance in mediation, the fastest-growing ADR procedure now used widely in courts, administrative agencies and the private sector to resolve a variety of disputes. This course is designed to improve students understanding of the negotiation process and their practical skills as negotiators in both assisted and unassisted contexts. Students will also observe actual mediations. An advanced procedure course entailing a comprehensive study of procedure and practice in New York under the Civil Practice Law and Rules. The main topics are the jurisdiction of New York courts, jurisdiction over nonresidents, statutes of limitations, appearance, joinder of parties, pleading, motion practice, provisional remedies, pretrial devices, trial, and the doctrine of res judicata.