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Practical Global Tort Litigation

United States, Germany and Argentina

by Andrew J. McClurg, Adem Koyuncu, Luis Eduardo Sprovieri
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'Practical Global Tort Litigation' book jacket

The first entry in the Contextual Approach Series in Comparative Law, Practical Global Tort Litigation takes readers on a journey through a tort case in the U.S., Germany, and Argentina.

Using a shattering glass food container as the vehicle, the book compares how a prototypical products liability case would be handled in the U.S. common law system and representative civil law nations in Europe and Latin America. The book analyzes from a real world perspective issues such as fact gathering and presentation, expert witnesses, burdens of proof, theories of recovery and defenses, and damages and attorneys’ fees.

"Practical Global Tort Litigation explores how the law would address an ordinary products liability dispute on separate continents around the world-in North America, Europe, and South America. It is impossible to conceive of a more creative, effective, or engaging way to get one’s arms around the fascinating if unwieldy issues of comparative law than to examine through separate lenses how a particular lawsuit would be handled under such disparate legal systems, reflecting such differing cultural traditions. The distinctive portraits painted here reveal enough threads of commonality to animate the enduring hope of comparativists in every land that similar strands of fairness and justice around the globe, spanning continents and civilizations, reveal enduring links of human experience at a primal level." David G. Owen, Carolina Distinguished Professor of Law, University of South Carolina
"McClurg, Koyuncu, and Sprovieri have produced the blueprint for academics interested in examining comparative approaches to the law. The book's strength lies in its holistic examination of a claim from injury to legal resolution within the juridical systems of the United States, Germany, and Argentina. There simply is no better way to address the fundamental issues raised in a comparative tort litigation setting than this contextualized approach. Having had the pleasure to work with the lead author for several years, I can think of no better scholar and teacher to undertake this ambitious endeavor. He and his fellow authors have not only met their goals, they have set the standard for future comparative engagements." Ediberto Román, Professor of Law, Florida International University
"The unique focus on a single case permits three different legal systems to be compared effectively and efficiently. The brisk and accessible style makes it perfect for classroom use, although lawyers outside of the academy will find it worth reading for the sheer intrinsic pleasure of learning about how familiar concepts are handled elsewhere. In recent years, American lawyers have been told that the world is shrinking: this book is a useful and practical step towards dealing with the globalization of law." Anthony J. Sebok, Centennial Professor of Law, Brooklyn Law School

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View Table of Contents and Introductory Material

2007

262 pp

ISBN: 978-1-59460-192-7

LCCN 2007008948

paper

$25.00



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