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NAFTA Meets the American Torts Crisis: The Loewen Case

Michael Krauss, 9 George Mason Law Review 69 (2000)

In 1995 a Mississippi jury awarded $500 million against a Canada-based funeral home chain in what had been considered a routine low-stakes financial dispute. Among the results: widespread alarm in international business circles about the susceptibility of the American courtroom to manipulative demagogy, and a precedent-setting trade dispute over whether the courtís treatment of Loewen amounted to expropriation.




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