Tort and Insurance Law, vol. 24

WH van Boom/Gerhard Wagner (eds)
Mass Torts in Europe
Cases and Reflections

Tort and Insurance Law, vol. 34

Berlin/Boston:
De Gruyter 2014
XIV, 311 p. ISBN: 978-3-11-034946-7

Language: English

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In recent years, there has been a growing interest in the legal aspects of mass torts in Europe. Both academics, legislatures, courts and policymakers throughout the whole of Europe have been struggling with the challenges that such 'massification' of private law relationships poses both in and outside of tort law. The subject moves between the law of civil procedure, substantive tort law, access to justice debates and regulatory frameworks for mass disputes. This volume offers both a caleidoscopic review of real-life key cases of mass tort and an in-depth reflection on the broader implications of mass tort in Europe. Thus, the challenges posed by mass torts are explored, mapped and analysed.

 
 
 
Contents

Willem H van Boom: Mass Torts: Debates and Pathways

Nadia Coggiola and Michele Graziadei: The Italian ‘Eternit Trial’: Litigating Massive Asbestos Damage in a Criminal Court

Melissa R Ferrari: Silicone Breast Implants: Mass Tort and Massive Damage in Europe

Claudio Perrella: The 'Costa Concordia' Case

Otto Ernst Krasney: Ombudsman for the Victims of the Rail Accident at Eschede on 3 June 1998

Hermes Marangos: International Environmental Mass Litigation in the UK

Philip Tansley: South African Silicosis Litigation in London. A Case Study

Francesca Rolla and Filippo Chiaves: Bank Charges

Andreas W Tilp and Thomas A Roth: The German Capital Market Model Proceedings Act as Illustrated by the Example of the Frankfurt Deutsche Telekom Claims

Jenny Boldon: The Madoff Ponzi Scheme

Harald Koch: Mass Damage in Europe: Aggregation of Claims, Effective Enforcement and Adequate Representation

Bernhard A Koch: Multiple Tortfeasors in Mass Tort Cases

Astrid Stadler: Mass Damages in Europe – Allocation of Jurisdiction – Cross-Border Multidistrict Litigation

Christopher Hodges: Delivering Redress through Alternative Dispute Resolution and Regulation

Moritz Brinkmann: Mass Tort Related Insolvency Proceedings: Choice of Jurisdiction, Treatment and Discharge of Tort Claims

Gerhard Wagner: Mass Tort Resolution: Competition Between Jurisdictions and Mechanisms