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Kobotan [32]
2 years ago
12

Similarities between arbitration and mediation?

Law
1 answer:
galina1969 [7]2 years ago
6 0
Mediation and arbitration are similar in that they bring together parties in conflict to resolve an issue outside of the courtroom, but each has its own unique way of doing so. Mediation is an alternative process for conflict resolution that provides a number of advantages over going to court.
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On the 4th of July, Anne and Sam have a picnic at a county campground near Sam's
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WILL MARK BRAINLIEST!!! 100 POINTS!!! For this project, you have the opportunity to be the author and write brief newspaper arti
LUCKY_DIMON [66]

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Manufacturers are used to defending strict product liability actions when plaintiffs claim that their products are defective. But in the opioid litigation, plaintiffs have filed something else: more than 2,500 public nuisance cases so far.

Governmental entities across the country are filing suits alleging that opioid manufacturers deceptively marketed their legal, opioid-based pain medications to understate the medication’s addictive qualities and to overstate its effectiveness in treating pain. In addition, plaintiffs allege that opioid distributors failed to properly monitor how frequently the medication was prescribed and failed to stop filling prescription orders from known “pill mills.” The complaints claim that manufacturer defendants’ deceptive marketing schemes and distributor defendants’ failure to monitor led more people to become addicted to painkillers, which led to people turning to illegal opioids. The legal argument here is that the defendants’ actions in concert interfered with an alleged public right against unwarranted illness and addition. But is public nuisance law likely to be a successful avenue for prosecuting these types of mass tort claims? It has not been in the past.

This is the first of two posts that will address how plaintiffs have historically used public nuisance law to prosecute mass tort claims and how the plaintiffs in the current opioid litigation may fare.

Overview of Public Nuisance Law

In most states, a public nuisance is “an unreasonable interference with a right common to the general public.”[1] This definition is often broken down into four elements: (1) the defendant’s affirmative conduct caused (2) an unreasonable interference (3) with a right common to the general public (4) that is abatable.

Courts have interpreted these elements in different ways. For example, courts in Rhode Island and California have disagreed about when a public nuisance is abatable: the Rhode Island Supreme Court held that this element is satisfied only if the defendant had control over what caused the nuisance when the injury occurred, while the a California Court of Appeal held that the plaintiff need not prove this element at all.[2] And while the federal district court in Ohio handling the opioid multidistrict litigation (MDL) has held that the right to be free from unwarranted addiction is a public right,[3] the Supreme Court of Illinois held that the right to be “free from unreasonable jeopardy to health” is a private right and cannot be the basis of a public nuisance claim.[4]

Roots of Public Nuisance Law in Mass Tort Cases

Plaintiffs litigating mass tort cases have turned to public nuisance law over the past decades. In the 1980s and 1990s, plaintiffs unsuccessfully attempted to use it to hold asbestos manufacturers liable.[5] In one case, plaintiffs alleged that defendants created a nuisance by producing an asbestos-laced product that caused major health repercussions for a portion of the population. Plaintiffs argued that North Dakota nuisance law did not require defendants to have the asbestos-laced products within their control when the injury to the consumer occurred. Explicitly rejecting this theory, the Eighth Circuit held that North Dakota nuisance law required the defendant to have control over the product and found that defendant in the case before it did not have control over the asbestos-laced products because when the injury occurred, the products had already been distributed to consumers. The Eighth Circuit warned that broadening nuisance law to encompass these claims “would in effect totally rewrite” tort law, morphing nuisance law into “a monster that would devour in one gulp the entire law of tort.”[6]

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Do you bananas or not bananas?
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if the action is based on new york state law, does the new york trial court have both subject and personal jurisdiction over the
kifflom [539]

Answer:

Yes

Explanation:

Every state court in the United States have jurisdiction over the persons within the territory. The court must have both personal jurisdiction as well as subject jurisdiction so as to have a jurisdiction over a case.

Any court can exercise personal jurisdiction over any defendant unless the statute exists in forum state which explicitly give authorization to the court to have personal jurisdiction over that particular defendant. A defendant must not be a resident of the state in order to have a personal jurisdiction over him by the court.

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3 years ago
Sitting prosecutors give much attention to quality recommendations. Why? Name three reasons for this in approximately 150 words.
tankabanditka [31]

Answer:

As used in these standards, “prosecutor” means any attorney, regardless of agency, title, or full or part-time assignment, who acts as an attorney to investigate or prosecute criminal cases or who provides legal advice regarding a criminal matter to government lawyers, agents, or offices participating in the investigation or prosecution of criminal cases. These Standards are intended to apply in any context in which a lawyer would reasonably understand that a criminal prosecution could result.

These Standards are intended to provide guidance for the professional conduct and performance of prosecutors. They are written and intended to be entirely consistent with the ABA’s Model Rules of Professional Conduct, and are not intended to modify a prosecutor's obligations under applicable rules, statutes, or the constitution. They are aspirational or describe “best practices,” and are not intended to serve as the basis for the imposition of professional discipline, to create substantive or procedural rights for accused or convicted persons, to create a standard of care for civil liability, or to serve as a predicate for a motion to suppress evidence or dismiss a charge. For purposes of consistency, these Standards sometimes include language taken from the Model Rules of Professional Conduct; but the Standards often address conduct or provide details beyond that governed by the Model Rules of Professional Conduct. No inconsistency is ever intended; and in any case a lawyer should always read and comply with the rules of professional conduct and other authorities that are binding in the specific jurisdiction or matter, including choice of law principles that may regulate the lawyer’s ethical conduct.

Because the Standards for Criminal Justice are aspirational, the words “should” or “should not” are used in these Standards, rather than mandatory phrases such as “shall” or “shall not,” to describe the conduct of lawyers that is expected or recommended under these Standards. The Standards are not intended to suggest any lesser standard of conduct than may be required by applicable mandatory rules, statutes, or other binding authorities.

https://www.americanbar.org/groups/criminal_justice/standards/ProsecutionFunctionFourthEdition/ for more info

Explanation:

4 0
3 years ago
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