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Vol 24 No 9 Sept/Oct 2019

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The Anti-Suit Injunction

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Uncertain Causation in Tort Law

Edited by: Miquel Martin-Casals, Diego Martin Papayannis

ISBN13: 9781107128361
Published: November 2015
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £87.99

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This discussion of causal uncertainty in tort liability adopts a comparative approach in order to highlight the important normative, epistemological and procedural implications of the various proposed solutions.

Occupying a middle ground between the legal perspective and the philosophical views that are at stake when it comes to the resolution of tort law cases in a context of causal uncertainty, the arguments will be of great interest to legal scholars, legal philosophers and advanced tort law students.

Tort Law, Jurisprudence
Introduction Miquel Martin-Casals and Diego M. Papayannis
1. Litigation on Hepatitis B vaccination and demyelinating diseases in France: breaking through scientific uncertainty? Jean-Sebastien Borghetti
2. Proportional liability in Spain: a bridge too far? Miquel Martin-Casals
3. Proportional liability for causal uncertainty: how it works on the basis of a 200-year-old code Bernhard A. Koch
4. Uncertain causes: asbestos in UK courts Jane Stapleton
5. Clients' demand-based contribution to trafficking: overcoming causation and attribution difficulties Tsachi Keren-Paz
6. Proving complex facts: the case of mass torts Michele Taruffo
7. Correlation and causation: the 'Bradford Hill criteria' in epidemiological, legal, and epistemological perspective Susan Haack
8. Admissibility versus sufficiency: controlling the quality of expert witness testimony in the United States Michael D. Green and Joseph Sanders
9. Proof of causation in group litigation Andrea Giussani
10. Mass torts and arbitration: lessons from Abaclat v. Argentine Republic S. I. Strong.