Asbestos Litigation: Procedural Innovations and Forum Shopping

Understanding the Asbestos Crisis

The number of asbestos personal injury claims filed each year is in the hundreds of thousands and has been increasing rather than decreasing over time, even though most uses of asbestos ended in the early 1970’s. Eighty firms have filed for bankruptcy due to asbestos liabilities and the total cost of asbestos compensation is estimated to be more than $200 billion. This paper examines why asbest...

Theories of Asbestos Litigation Costs Why Two Decades of Procedural Reform Have Failed to Reduce Claimants’ Expenses

Litigation versus Legislation: Forum Shopping by Rent-Seekers

Procedural Innovations, Sloshing Over: A Comment on Deborah Hensler, A Glass Half Full, a Glass Half Empty: The Use of Alternative Dispute Resolution in Mass Personal Injury Litigation

Of Fire Ants and Claim Construction: an Empirical Study of the Meteoric Rise of the Eastern District of Texas as a Preeminent Forum for Patent Litigation

Forum shopping by patent litigants is nothing new. However, in recent years, there has been an increase in forum shopping by patentee plaintiffs. Because of this forum shopping phenomenon, the Eastern District of Texas, a technological backwater, is on pace to become the leading patent docket in the United States. This Article empirically analyzes the reasons for the popularity of the Eastern D...