Rethinking personal jurisdiction and choice of law in multistate mass torts

Article Abstract:

Judge Jack B. Weinstein of the US Eastern District of New York's Mass Torts Standard for determining personal jurisdiction in the DES cases is superior to the traditional territorially-based defendants' forum standard in mass torts and other multiple state litigations. State substantive law would not suffer secondary status to procedural law under Judge Weinstein's standard. Jurisdiction over defendants would be attained by determining states' interests in enforcing its substantive law which would provide greater justice and reduce abusive forum avoidance and shopping.

Market share liability

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Innovation in the interstices of the final judgment rule: a demurrer to Professor Burbank

Article Abstract:

Judge Jack B. Weinstein of the US Eastern District of New York has properly exercised judicial authority in a system of justice which restricts access to appellate courts. Judge Weinstein has been unfairly criticised for overreaching his judicial authority by creating legal doctrine. District court judges necessarily and properly create and adapt doctrines to resolve the myriad of issues which the appellate courts cannot address. Judge Weinstein's creative intellect has provided justice to those whom justice would have been denied without his efforts.

Officials and employees, Criticism and interpretation, Judicial activism, United States. District Court. New York (Eastern District), Burbank, Stephen B.

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Lawyering in mass torts

Article Abstract:

Judge Jack B. Weinstein of the US Eastern District of New York's mass tort judicial philosophy creates an expanded role for lawyers involved in such cases. The role reflects a less adversarial stance and a communitarian ethic which better serves mass tort clients and society generally. Ethical rules should be adapted in the unusual situations which mass tort cases present to further clients' interests and social welfare.

Judges, Effectiveness and validity of law, Effectiveness and validity (Law)

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