Mass Torts in a World of Settlement

By Richard A. Nagareda | Go to book overview

INTRODUCTION

When lawyers first encounter the subject of torts in law school, the cases they study typically involve bizarre, idiosyncratic events. The word “tort” derives from the Latin torquere, meaning to twist. A tort literally involves a twisting—an injuring—of another that the law empowers the injured person to straighten out by way of a lawsuit.1 In one famous case read by generations of lawyers, a passenger attempts to board a moving train. A railway employee comes forward to assist but knocks a package that happens to contain fireworks from the passenger's arms. An explosion results, dislodging from the other end of the railway platform some heavy scales that fall and injure Helen Palsgraf.2 In another tort classic, George Kendall raises a stick in an effort to separate two fighting dogs and inadvertently pokes the eye of George Brown, a bystander.3 In a third case, waitress Gladys Escola suffers lacerations to her hand from an exploding Coca-Cola bottle.4 These are the stories that have long introduced new lawyers to the law of torts.

The settings of these cases are extraordinary. But their essential structure is both simple and typical of tort litigation as traditionally conceived. A single, identified plaintiff with some sort of physical impairment sues the specific defendant she believes to have wrongfully caused that malady. “Mass torts” diverge from traditional tort litigation, grounded in what Oliver Wendell Holmes described as “isolated, ungeneralized wrongs.”5 The mass tort phenomenon is all too familiar in recent decades, not only to lawyers but also to the public at large. Examples include the claims of industrial workers who inhaled high concentrations of asbestos fibers on the job; soldiers exposed to Agent Orange during the Vietnam War; women who received silicone gel breast implants; dieters who consumed the drug

-vii-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Note: primary sources have slightly different requirements for citation. Please see these guidelines for more information.

Cited page

Bookmark this page
Mass Torts in a World of Settlement
Table of contents

Table of contents

Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
Items saved from this book
  • Bookmarks
  • Highlights & Notes
  • Citations
/ 325

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Search by... Author
    Show... All Results Primary Sources Peer-reviewed

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.