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Judge Weinstein on mass torts

The federal judge identified more than any other with mass-tort innovation recalls highlights of the field's development in the Cardozo Law Review's new online supplement. Weinstein credits brilliant lawyering with saving the tobacco industry (so far) from ruin, continues to begrudge the consensus of national opinion (as expressed through Congress) its right to cut off the handgun suits, and lays blame in multiple directions for the many failures of asbestos litigation. And he speaks up strongly at several points for judges' obligation to prevent the charging of excessive attorneys' fees. Also of note: "The breast implant litigation was largely based on a litigation fraud."

Weinstein's unrepentantly activist view of the judicial role fascinates, but also "scares the bejeesus out of", Beck & Herrmann. More: AmLaw.



Rafael Mangual
Project Manager,
Legal Policy

Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.