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Thursday, September 5, 2013
Sachin Pandya and Peter Siegelman on Underclaiming and Overclaiming
Professors Sachin S. Pandya and Peter Siegelman (Connecticut) have posted to SSRN their article, Underclaiming and Overclaiming, Law & Soc. Inquiry (forthcoming). Here is the abstract:
Arguments that we have too much litigation (overclaiming) or too little (underclaiming) cannot be valid without estimating how many of the undecided claims that are brought (actual claims) or not brought (potential claims) have or lack legal merit. We identify the basic conceptual structure of such underclaiming and overclaiming arguments, which entails inferences about the distribution of actual or potential claims by their probability of success on the merits within a claims-processing institution. We then survey the available methods for estimating claim merit.
September 5, 2013 in Mass Tort Scholarship | Permalink | Comments (0) | TrackBack (0)
Wednesday, September 4, 2013
The Passing of Economist Ronald Coase
For those of us making brief reference to Ronald Coase in our Torts classes, here are a few links to helpful takes on Coase's scholarship and influence, in the wake of his recent passing: (1) Wall Street Journal editorial, The Wisdom of Ronald Coase; (2) Professor David Henderson (Naval Postgraduate School & Hoover Institution), The Man Who Resisted 'Blackboard Economics' (also in the WSJ); and (3) Cato Senior Fellow Walter Olson's post, Ronald Coase, 1910-2013.
September 4, 2013 in Mass Tort Scholarship | Permalink | Comments (0) | TrackBack (0)
Tuesday, September 3, 2013
Jennifer Robbennolt on the Effects of Negotiated and Delegated Apologies in Settlement Negotiation
Professor Jennifer Robbennolt (Illinois) has posted to SSRN her article, The Effects of Negotiated and Delegated Apologies in Settlement Negotiation, 37 Law & Hum. Behav. 128 (2013). Here's the abstract:
Previous work has explored the influence that apologies have on the settlement of civil legal disputes. This study explored 2 aspects of apologies that commonly arise in the legal setting — the fact that many apologies may be negotiated with or requested from a wrongdoer in the context of settlement discussions and the possibility that an apology may be offered by a wrongdoer's attorney rather than personally by the offender. In general, apologies given following a negligent action were found to improve perceptions of the offender and the situation. Full apologies that were given in response to a request by the injured party or at the suggestion of a mediator were viewed in ways that were similar to the same apology given spontaneously. On the other hand, full apologies that were offered by an attorney on behalf of the wrongdoer, although improving perceptions somewhat, were less effective than apologies offered directly by the wrongdoer. The motives attributed to the apologizer and general attitudes toward the civil litigation system also influenced perceptions of apologies.
September 3, 2013 in Mass Tort Scholarship, Settlement | Permalink | Comments (0) | TrackBack (0)
Jill Wieber Lens on a Defendant's Accuracy-Based Right to Present Defenses
Professor Jill Wieber Lens (Baylor) has posted to SSRN her article, No Matter the Enormous Cost: A Defendant's Accuracy-Based Right to Present Defenses. Here's the abstract:
The Supreme Court has held that a plaintiff has a due process right to her day in court. The right is grounded in a process-based theory of procedural due process, which values litigant participation intrinsically. The defendants in Philip Morris USA v. Williams and Wal-Mart Stores, Inc. v. Dukes claimed something similar — a right to present defenses. The Court recognized that right in both cases, stating that a defendant could not be punished for harming nonparties or be forced to pay damages to a class action plaintiff without being provided the opportunity to present defenses specific to the nonparties and absent plaintiffs.
The cases are significant not because the Court found the right, but how it did so — relying on an outcome-based theory of procedural due process, under which procedures are necessary to achieve accurate results. The pursuit of accuracy is alarmingly uncompromising. Only the accuracy resulting from individualized proceedings was acceptable. And the Court required individualized proceedings despite the costs — unpunished defendants, with little incentive to alter their behavior, and uncompensated, injured plaintiffs. But the Court did not weigh the costs and instead focused on increasing accuracy even though perfect accuracy can never be achieved. The cases pave the way for an absurdly broad, outcome-based right to day in court for defendants.
September 3, 2013 in Mass Tort Scholarship, Procedure | Permalink | Comments (0) | TrackBack (0)
Andrew Gold on Selling Civil Recourse
Professor Andrew S. Gold (DePaul) has posted to SSRN his article, On Selling Civil Recourse, DePaul L. Rev. (forthcoming). Here's the abstract:
This Essay is a contribution to the 19th Annual Clifford Symposium on Tort Law and Social Policy. The focus of the Essay is on the alienability of legal claims. Debates over alienability often emphasize questions of commodification or efficiency, yet there are also interesting remedial implications. Drawing on insights from civil recourse theory, I will argue that some remedies may cease to be apt once a claim has been transferred. For example, apologies may no longer make sense if their recipient is not the party who was wronged, or someone affiliated with that party. Apologies are admittedly not a core remedy in tort law. But similar concerns may arise with respect to punitive damages, particularly if those damages have an expressive component, or are taken to provide a type of private revenge. More broadly, if civil recourse theorists are correct that private rights of action provide a type of accountability, or a mode of "getting satisfaction", many tort law remedies may have a different meaning post-transfer. This Essay will explore these concerns and suggest several potential responses to them.
September 3, 2013 in Mass Tort Scholarship | Permalink | Comments (0) | TrackBack (0)
Wednesday, August 21, 2013
Kate Greenwood on Litigant Regulation of Physician Conflicts of Interest
Professor Kate Greenwood (Seton Hall) has posted to SSRN her article, 'Litigant Regulation' of Physician Conflicts of Interest, Ga. St. L. Rev. (forthcoming). Here's the abstract:
While physicians' financial relationships with pharmaceutical and medical device manufacturers are increasingly of concern to legislators and regulators, plaintiffs have had only limited success pursuing private law remedies for the harms that result from conflicts of interest. Courts have long channeled individual patients' claims against their conflicted doctors into the medical malpractice cause of action, where patients have difficulty establishing that their physicians' conflicts caused them to suffer concrete and compensable injuries. With recent notable exceptions, courts have also blocked patients' claims against drug and device manufacturers. Courts apply the learned intermediary doctrine to dispose of failure-to-warn personal injury suits, without regard to whether the plaintiff's physician had a financial relationship with the defendant manufacturer. Third-party payers, such as employers, insurance companies, and union health and welfare funds, have similarly struggled to overcome a strong presumption of physician independence. Courts routinely find that a physician's prescribing decision breaks the chain of causation between a manufacturer's illegal promotional efforts and a payer's obligation to pay for a prescription, even when those promotional efforts include the payment of kickbacks.
Courts can and should move beyond the often counterfactual presumption of physician independence. In personal injury cases, this can be achieved through a nuanced analysis of alleged conflicts of interest that distinguishes between kickbacks, on the one hand, and legitimate financial relationships between manufacturers and physicians, on the other. Limited early discovery would allow plaintiffs to develop their claims about the influence of conflicts on their physicians' decision-making without putting an undue burden on defendants. In economic injury cases, courts can move beyond the presumption of physician independence by allowing plaintiffs to use standard statistical methods to demonstrate that physicians' prescribing decisions were not independent in the aggregate. If the doctrine were to evolve in these ways, it would amplify the role "litigant regulation" plays in the regulatory structure governing physician-industry relationships and bring closer the goal of ensuring that patients and payers are fairly compensated for the harms caused by conflicts of interest.
August 21, 2013 in Ethics, Mass Tort Scholarship, Pharmaceuticals - Misc., Regulation | Permalink | Comments (0) | TrackBack (0)
Adam Abelkop on Tort Law as Environmental Policy Instrument
Adam Abelkop (Graduate Student, Indiana U., Bloomington, School of Public & Environmental Affairs) has posted to SSRN his article, Tort Law as an Environmental Policy Instrument, 92 Or. L. Rev. (forthcoming 2013). Here's the abstract:
Policymakers aiming to tackle any environmental problem have a diverse tool chest of policy instruments at their disposal, including command and control regulations, taxes, marketable allowance, and liability entitlements. Scholars of public health and safety have been debating the effectiveness of tort law as a regulatory tool for decades. The legal literature on this topic, though, is muddled because the field has failed to adopt a set of criteria by which to compare tort law to public regulation. Heightened clarity on the usefulness of tort law as a complementary policy instrument to public regulations may have legal and policy implications. This article therefore adopts evaluation criteria from the policy analysis and public policy fields — equity, legitimacy, efficiency, organizational competence, effectiveness, and cost-effectiveness — to evaluate the strengths and weaknesses of tort law as an environmental policy instrument relative to public regulation.
August 21, 2013 in Environmental Torts, Mass Tort Scholarship, Regulation | Permalink | Comments (0) | TrackBack (0)
Monday, August 19, 2013
Richard Zitrin on Regulating the Behavior of Lawyers in Mass Individual Representations
Professor Richard Zitrin (UC Hastings) has posted to SSRN his article, Regulating the Behavior of Lawyers in Mass Individual Representations: A Call for Reform, 3 St. Mary's J. on Legal Malpractice & Ethics 86 (2013). Here's the abstract:
Cases in which lawyers represent large numbers of individual plaintiffs are increasingly common. While these cases have some of the indicia of class actions, they are not class actions, usually because there are no common damages, but rather individual representations on a mass scale. Current ethics rules do not provide adequate guidance for even the most ethical lawyers. The absence of sufficiently flexible, practical ethical rules has become an open invitation for less-ethical attorneys to abuse, often severely, the mass-representation framework by abrogating individual clients' rights. These problems can be abated if the ethics rules offered better practical solutions to the mass-representation problem. It is necessary to reform the current rules, but only with a solution that is both practical and attainable, and with changes that maintain the core ethical and fiduciary duties owed by lawyers to their individual clients, including loyalty, candor, and independent professional advice.
August 19, 2013 in Aggregate Litigation Procedures, Ethics, Mass Tort Scholarship | Permalink | Comments (0) | TrackBack (0)
Monday, July 22, 2013
IAPL Moscow Conference Papers
The presentatons from the 2012 Moscow meeting of the International Association of Procedural Law have been posted to SSRN as a combined UC Irvine Law research paper entitled, Civil Procedure in Cross-Cultural Dialogue: Eurasia Context. Among the many professors whose papers are gathered are Carrie Menkel-Meadow (UC Irvine), Richard Marcus (UC Hastings), Stefaan Voet (Univ. of Ghent), and Jasminka Kalajdzic (Univ. of WIndsor). Here's the abstract:
The Idea of the book is to discuss the evolution of civil procedure in different societies, not only in the well-known civil or common law systems, but also in different countries of Eurasia, Asia, etc. Civil procedure in Europe and North America is a subject of enormous scientific and practical importance. We know a lot about these systems. But we do not know enough about civil procedure in the rest of the world. How does it work and what are the main principles? Culture is one of the main factors that makes civil procedure of these countries different. Therefore it is necessary to discuss the main links between different systems of civil procedure. The discussion was held on the basis of National reports from 24 countries.
July 22, 2013 in Aggregate Litigation Procedures, Class Actions, Foreign, Mass Tort Scholarship, Procedure | Permalink | Comments (0) | TrackBack (0)
Sunday, July 21, 2013
Khoury, Menard & Redko on the Role of Canadian Private Law in the Control of Risks Associated with Tobacco Smoking
Professors Lara Khoury and Marie-Eve Couture-Ménard (McGill), and Olga Redko (LL.B./B.C.L. Candidate, McGill) have posted to SSRN their article, The Role of Private Law in the Control of Risks Associated with Tobacco Smoking: The Canadian Experience, 39 Am. J. L., Med. & Ethics 442 (2013). Here's the abstract:
Can private law litigation serve as a tool for advancing public health objectives? With this contentious and oft-asked question in mind, this text tackles Canada's recent tobacco litigation. This Article first presents critical commentary regarding various lawsuits waged against Canadian cigarette manufacturers by citizens acting as individuals or as parties to class action lawsuits. We then turn to analyze how Canada's provincial governments rely on targeted legislation to facilitate private law recourses for recouping the healthcare costs of treating tobacco-related diseases. The authors address challenges to the constitutionality of this type of legislation, as well as attempts by manufacturers to transfer responsibility to the federal government.
July 21, 2013 in Aggregate Litigation Procedures, Class Actions, Mass Tort Scholarship, Procedure, Products Liability, Tobacco | Permalink | Comments (0) | TrackBack (0)
Sunday, July 14, 2013
Paul McMahon on Proceduralism, Civil Justice, and American Legal Thought
Professor Paul McMahon (Harvard) has posted to SSRN his article, Proceduralism, Civil Justice, and American Legal Thought, 34 U. Pa. J. Int'l L. (forthcoming). Here's the abstract:
American legal scholars spend a large proportion of their time debating and theorizing procedure. This Article focuses on American proceduralism in the particular field of civil justice and undertakes a detailed comparison with England, where procedural questions receive little academic attention. It finds that procedure is more prominent in America partly because Americans have been more willing than others to use private litigation as a tool for regulation. More significantly, procedural questions necessarily occupy more space in American debates because authority over civil justice is unusually dispersed among different actors; procedural rules allocate power among these actors. But American proceduralism runs deeper than these surface explanations allow, and a full account requires an examination of the history of American legal thought. I trace contemporary American proceduralism to a counter-intuitive source: the emergence of Legal Realism in the 1920s and 1930s.
July 14, 2013 in Mass Tort Scholarship, Procedure | Permalink | Comments (0) | TrackBack (0)
Thursday, May 23, 2013
Lawyering for Groups
The papers from the Fordham Law Review Symposium Lawyering for Groups are now online.
Howard Erichson & Ben Zipursky wrote the Foreword.
Other contributors include.....
Elizabeth Burch, Adquately Representing Groups
Kristen Carpenter & Eli Wald, Lawyering for Groups: The Case of American Indian Tibal Attorneys
Samuel Issacharoff, The Governance Problem in Aggregate Litigation
Alexandra Lahav, The Political Justification for Group Litigation
Troy McKenzie, "Helpless" Groups
Nancy Moore, Ethical Issues in Mass Tort Plaintiffs' Representation: Beyond the Aggregate Settlement Rule
May 23, 2013 in Ethics, Mass Tort Scholarship | Permalink | Comments (0) | TrackBack (0)
Wednesday, May 15, 2013
Distributive Justice in Action
There is a very nice, lauditory article on Kenneth Feinberg in the New York Times today: "One Man Disperses Charity After Tragedy in Boston."
The interesting thing about the compensation funds Feinberg is often asked to run are the way they bring distributive justice issues that are always imbedded in tort litigation to the surface. How should people with similar injuries be compensated when they have different life circumstances? Should weathier people receive less (or more) compensation than poorer people with similar injuries? Should emotional harm be compensated? What about fraud, the flip side of desert? These questions arise in ordinary tort litigation and in mass tort litigation as well. What any fund, whether created by an insurance company, a mass tort litigation, a charitable foundation or the government can do that ordinary decentralized tort litigation cannot is treat similarly situated people equally, which is the promise of the common law maxim that like cases ought to be treated alike and the foundation of the rule of law. But that raises difficult questions about what it means to treat people alike who are different from one another but suffered similar injuries.
Perhaps because these funds aren't governed by legal prinicples but instead by charitable ones, the issues of distributive justice, luck and social inequality are easier to discuss. There is no legally imposed baseline of how compensation is to be awarded, so this opens up our thinking about how things ought to be. These are the fundamental philosophical issues of tort law in the United States, and decision-maker's philosophy affects how the law and non-legal funds (like the One Fund Boston) operate in real life. Should these funds track the tort system? The 9/11 fund kind of did (not completely), and in his book "What is Life Worth?" Feinberg notes that he would have preferred to pay everyone a flat amount rather than distinguish based on earning capacity and other factors that end up reflecting societal inequalities. The tort system presently often reinforces existing social inequalities in compensation, should it? Similarly, as PTSD on the military side has become more recognized as disabling, will we reach a point where emotional trauma receives more recognition on the civil justice side as well?
Also notable, the article points out that the number of funds has accelerated in the 21st century. According to the article, between 1984 and 2010 Feinberg worked on five such funds, since then he's worked on five more.
May 15, 2013 in Aggregate Litigation Procedures, Current Affairs, Informal Aggregation, Mass Tort Scholarship | Permalink | Comments (0) | TrackBack (0)
Distributive Justice in Action
There is a very nice, lauditory article on Kenneth Feinberg in the New York Times today: "One Man Disperses Charity After Tragedy in Boston."
The interesting thing about the compensation funds Feinberg is often asked to run are the way they bring distributive justice issues that are always imbedded in tort litigation to the surface. How should people with similar injuries be compensated when they have different life circumstances? Should weathier people receive less (or more) compensation than poorer people with similar injuries? Should emotional harm be compensated? What about fraud, the flip side of desert? These questions arise in ordinary tort litigation and in mass tort litigation as well. What any fund, whether created by an insurance company, a mass tort litigation, a charitable foundation or the government can do that ordinary decentralized tort litigation cannot is treat similarly situated people equally, which is the promise of the common law maxim that like cases ought to be treated alike and the foundation of the rule of law. But that raises difficult questions about what it means to treat people alike who are different from one another but suffered similar injuries.
Perhaps because these funds aren't governed by legal prinicples but instead by charitable ones, the issues of distributive justice, luck and social inequality are easier to discuss. There is no legally imposed baseline of how compensation is to be awarded, so this opens up our thinking about how things ought to be. These are the fundamental philosophical issues of tort law in the United States, and decision-maker's philosophy affects how the law and non-legal funds (like the One Fund Boston) operate in real life. Should these funds track the tort system? The 9/11 fund kind of did (not completely), and in his book "What is Life Worth?" Feinberg notes that he would have preferred to pay everyone a flat amount rather than distinguish based on earning capacity and other factors that end up reflecting societal inequalities. The tort system presently often reinforces existing social inequalities in compensation, should it? Similarly, as PTSD on the military side has become more recognized as disabling, will we reach a point where emotional trauma receives more recognition on the civil justice side as well?
Also notable, the article points out that the number of funds has accelerated in the 21st century. According to the article, between 1984 and 2010 Feinberg worked on five such funds, since then he's worked on five more.
May 15, 2013 in Aggregate Litigation Procedures, Current Affairs, Informal Aggregation, Mass Tort Scholarship | Permalink | Comments (0) | TrackBack (0)
Wednesday, April 17, 2013
Adequately Representing Groups
As we as scholars and practictioners begin to explore class action alternatives, one problem continues to arise: when to preclude subsesequent litigation. Of course, this problem arose early on in the class action's history, most notably with (b)(2) civil rights cases where some class members disagreed fundamentally over the remedy requested. But the problem has persisted in multidistrict litigation and, perhaps most notably, in parens patriae actions. I explore this problem and propose a solution in my latest piece, titled Adequately Representing Groups. Here's the SSRN abstract, which gives a brief summary of the proposed solution:
Adequate representation and preclusion depend on whether the courts treat a litigant as part of a group experiencing an aggregate harm or as a distinct person suffering individual injuries. And though a vast literature about adequate representation exists in the class-action context, it thins dramatically when contemplating other forms of group litigation, such as parens patriae actions and multidistrict litigation. As class actions have gradually fallen into disfavor and attorneys and commentators seek alternative means for resolving group harms, the relative clarity of Rule 23 wanes. How should courts evaluate adequate representation in parens patriae actions and in multidistrict litigation? The answer to this question matters immensely since adequate representation is critical to precluding relitigation and achieving finality.
This Article suggests that courts should differentiate between inadequate representation claims based on the underlying right at stake. When the underlying right arises from an aggregate harm — a harm that affects a group of people equally and collectively — and demands an indivisible remedy, courts should tolerate greater conflicts among group members when evaluating a subsequent claim of inadequate representation. Because the harm is aggregate and the remedy is indivisible (typically declaratory or injunctive relief), if one group member receives the remedy, then they all receive the remedy. The litigation operates to group members' benefit or detriment equally, so if one group member is inadequately represented, they are all inadequately represented. Consequently, a subsequent litigant can successfully avoid preclusion only where the lawyers or the named representatives acted contrary to the group's best interests or attempted to represent an overinclusive, noncohesive group where some members required unique relief that the representative had no selfish reason to pursue.
Conversely, when plaintiffs suffer individual injuries at the same defendant's hands and unite their claims for economic or efficiency reasons, that aggregation does not convert their individual injuries into an aggregate harm. When counsel fails to fairly represent her client in vindicating that harm, inadequate representation is an individual injury. In multidistrict litigation and Rule 23(b)(3) class actions, which typically include individuals litigating their individual harms together for systematic and litigant efficiency, courts should look for "structural conflicts" between the claimants themselves as well as between the representatives and the claimants. This means that both initially and on a collateral attack, courts should accept fewer conflicts than in cases involving aggregate rights. Accordingly, judges should assess whether there are reasons the lawyers "might skew systematically the conduct of the litigation so as to favor some claimants over others on grounds aside from reasoned evaluation of their respective claims or to disfavor claimants generally vis-à-vis the lawyers themselves."
April 17, 2013 in Aggregate Litigation Procedures, Class Actions, Mass Tort Scholarship | Permalink | Comments (0) | TrackBack (0)
Friday, April 5, 2013
The Chevron-Ecuador Litigation and Forum Non Conveniens
I have posted a new paper on SSRN entitled The Chevron-Ecuador Dispute, Forum Non Conveniens, and the Problem of Ex Ante Inadequacy. Here is the abstract:
This essay, written for the 2013 Stanford Journal of Complex Litigation symposium on lessons from the Chevron-Ecuador environmental litigation, urges that we not take the wrong lesson concerning the doctrine of forum non conveniens. The paper highlights the irony of the forum battles in the litigation. The plaintiffs sued in the United States, the defendants won dismissal on grounds of forum non conveniens (arguing that the dispute should be adjudicated by the courts of Ecuador), the plaintiffs obtained a massive judgment in Ecuador, and the defendants challenged the judgment on grounds of fraud and corruption in the Ecuadorian proceedings. Despite the temptation to see the Chevron-Ecuador litigation as a cautionary tale about forum non conveniens, this essay argues that the "adequate alternative forum" standard for forum non conveniens should remain exceedingly low. Ex ante, deference to foreign legal systems should prevail, even as we permit ex post challenges to recognition of judgments on grounds of fraud and corruption.
The essay was prepared for the Stanford Lessons from Chevron symposium, which took place in February. On this blog, the long-running environmental dispute has come up a number of times, including a recent reference to Michael Goldhaber's work and earlier reports here, here and here.
April 5, 2013 in Conferences, Environmental Torts, Foreign, Mass Tort Scholarship | Permalink | Comments (0) | TrackBack (0)
Monday, April 1, 2013
The Problem of Settlement Class Actions
I have posted a new paper, The Problem of Settlement Class Actions, on SSRN. It makes the argument that we should abandon settlement-only class actions as a means of resolving mass disputes. The article focuses first on problems of leverage, including would-be class counsel's inability to take the class claims to trial and the monopsony or "reverse auction" problem. Because of the inherent asymmetry of settlement class action negotiations, would-be class counsel does not adequately represent the interests of the absent class members. The article incorporates these leverage concerns into an account of the illegitimacy of settlement-only class certification as a matter of judicial authority. The problems include not only due process concerns of inadequate representation, but also Rules Enabling Act concerns.
Settlement class actions have been an important form of dispute resolution in mass torts (as well as securities, antitrust, and other areas). Despite the Supreme Court's rejection of two asbestos settlement class actions in Amchem and Ortiz, and despite the problems encountered in the fen-phen nationwide settlement class action shortly thereafter, mass tort settlement class actions have never disappeared, and we need only look at the BP settlement class actions in the Gulf Oil Spill litigation for a well-known recent example.
Needless to say, the argument I am advancing faces an uphill battle. It cuts against entrenched interests of defendants, of plaintiffs' counsel, and of judges, all of whom prefer easier paths to comprehensive negotiated resolutions. The argument also cuts against the grain of most recent thinking on this topic. The ALI Principles of the Law of Aggregate Litigation, as well as a recent suggestion under consideration by the Advisory Committee on Civil Rules, would alter Rule 23 to facilitate settlement class actions even in cases that would be uncertifiable for purposes of litigation. Recent cases such as the Second Circuit's 2012 decision in In re AIG Securities Litigation and the Third Circuit's 2011 en banc decision in Sullivan v. DB Investments have taken new liberties with the Supreme Court's Amchem decision. The article explains what is problematic about the direction these cases have taken.
Here is the abstract:
This article argues that class actions should never be certified solely for purposes of settlement. Contrary to the widespread "settlement class action" practice that has emerged in recent decades, contrary to current case law permitting settlement class certification, and contrary to recent proposals that would extend and facilitate settlement class actions, this article contends that settlement class actions are ill-advised as a matter of litigation policy and illegitimate as a matter of judicial authority. This is not to say that disputes should not be resolved on a classwide basis, or that class actions should not be resolved by negotiated resolutions. Rather, this article contends that if a dispute is to be resolved on a classwide basis, then the resolution should occur after a court has found the matter suitable for classwide adjudication regardless of settlement.
April 1, 2013 in Class Actions, Mass Tort Scholarship, Settlement | Permalink | Comments (1) | TrackBack (0)
GW Class Action Symposium
For those who were unable to attend the excellent conference on class actions that was held last month at George Washington Law School, video recordings of the panels can now be found on the conference website.
April 1, 2013 in Class Actions, Conferences, Mass Tort Scholarship | Permalink | Comments (0) | TrackBack (0)
Friday, March 29, 2013
Zachary Savage on Implementing Issue Preclusion in Mass Tort Litigation Through Bellwether Trials
Zachary Savage (J.D. Candidate, NYU), has posted to SSRN his student note, Scaling Up: Implementing Issue Preclusion in Mass Tort Litigation Through Bellwether Trials, N.Y.U. L. Rev. (forthcoming 2013). Here's the abstract:
The civil litigation system aims to resolve disputes in an efficient, centralized, and final manner. In the context of mass tort litigation, one technique courts often use to achieve these goals is what I call "scaling up": holding individual trials, and then applying results from these trials to similarly situated individuals. Scaling up, however, presents two difficulties. First, the technique risks compromising defendants' Due Process rights by creating impermissible settlement pressure. Second, scaling up requires the initial court to structure the litigation so that it may serve as a template for follow-on proceedings; where this is not done, attempting to graft the results of one proceeding onto the remaining group of similarly situated individuals may simply lead to more protracted litigation.
Yet these difficulties are not inherent to the technique; in fact, courts can scale up in a way that avoids these problems. In order to mitigate the Due Process problem, courts should not apply the results of individual trials to subsequent trials involving similar claims until a substantial number of trials have been completed, and until it has become clear that any verdicts unfavorable to defendants are not flukes or outliers. And to ensure that scaling up does not simply lead to more protracted litigation, the initial trials should be structured so as to maximize the likelihood that individuals in follow-on litigation can invoke the findings under the issue preclusion doctrine of Parklane Hosiery v. Shore. The American Law Institute has made a proposal with these considerations in mind with respect to issue classes. This Note argues that a similar approach should be taken in the Multidistrict Litigation (MDL) process, where most mass tort litigation occurs today. This approach would be particularly useful if applied to one device that is being used with increasing frequency in the MDL process: the bellwether trial.
March 29, 2013 in Aggregate Litigation Procedures, Mass Tort Scholarship, Procedure | Permalink | Comments (0) | TrackBack (0)
Friday, March 22, 2013
Goldhaber on the Chevron-Ecuador Litigation
At Corporate Counsel, there's an interesting piece by journalist Michael Goldhaber entitled Kindergarten Lessons from Chevron in Ecuador. Goldhaber, who has been following this massive and messy litigation for years, offers what he sees as some of the true and false lessons from the ongoing litigation concerning Texaco-Chevron's involvement in oil drilling in Ecuador.
In a nutshell, the litigation involves claims that a Texaco subsidiary caused environmental damage to the Oriente region of Ecuador. Plaintiffs originally sued in the Southern District of New York, but their suit was dismissed on grounds of forum non conveniens. Plaintiffs then filed a lawsuit in Ecuador and won an $18 billion judgment. Chevron contends that the Ecuadorian judgment was obtained by fraud and corruption, and has resisted enforcement of the judgment. Chevron sued plaintiffs' attorney Stephen Donziger and others, asserting RICO and fraud claims. An international arbitration tribunal weighed in pursuant to the Ecuador-US bilateral investment treaty. Plaintiffs are seeking to enforce the judgment in Canada, Argentina, Brazil and elsewhere. This mess of a litigation has been going on for nearly 20 years.
Goldhaber, in prior work, has articulated a strong view that the Ecuadorian judgment was the product of fraud and corruption. In the new article, Goldhaber takes as his starting point the Stanford Journal of Complex Litigation symposium that took place in February. He goes through the basic lessons offered by the participants -- plaintiffs' lawyer Graham Erion, defense lawyer Theodore Boutros, and a host of scholars including myself.
The strongest lesson (and here I am in complete agreement with Goldhaber): "Be careful what you wish for." The irony of this litigation is overwhelming. Texaco fought to have the case dismissed on grounds of forum non conveniens, arguing that Ecuador was a more appropriate forum. The plaintiffs argued that the Ecuadorian courts could not handle the case and that it should remain in the U.S. Ever since the massive judgment, however, the positions have been flipped -- with the plaintiffs insisting that the judgment deserves respect and the defendant contending that the Ecuadorian courts were corrupt. Goldhaber has referred to this as "forum shopper's remorse."
But I do not agree with Goldhaber's next step. Noting that "the abuse of transnational litigation would never have happened had the U.S. held on to the case," he suggests that the doctrine of forum non conveniens be altered to take into account the stakes and political significance of a case:
The great blunder in this dispute was to ship it to Ecuador in the name of forum non conveniens. The U.S. courts could have saved everyone a lot of grief had they recognized that a case is more prone to abuse when the issues are (a) high-stakes or (b) politicized. I learned from Russia's Yukos affair that, even if a weak judicial system has made significant progress, it does not deserve trust in a hot-button case of great magnitude. It was reckless to expect Ecuador (even if it had just adopted a new set of corruption reforms) to handle a huge case pitting gringo oil companies against indigenous rights. My modest suggestion is to incorporate these factors into the FNC analysis.
The adequate alternative forum prong of the forum non conveniens analysis is a low threshold, and deliberately so. A lawsuit alleging environmental harm to Ecuadorian land and medical harm to Ecuadorian citizens, and involving control over Ecuadorian natural resources, belongs in Ecuador. That is the very point of forum non conveniens. A U.S. court should be loath to say that it will hear the case in the U.S. because it thinks the Ecuadorian courts just cannot handle it. A judgment obtained by fraud should not be enforceable elsewhere, but this is better addressed ex post, which is exactly what the current litigation -- albeit in a rather ugly fashion -- is doing. But to have said, ex ante, that the case should be heard in the United States despite all of the public and private interest factors that pointed to Ecuador, would have been a mistake.
March 22, 2013 in Conferences, Environmental Torts, Foreign, Mass Tort Scholarship, Procedure | Permalink | Comments (1) | TrackBack (0)


text:
Rituals for the dead
Expand Messages
- Hi,
Does Rig veda or any other Vedic scripture mentions about the rituals for the dead?
Especially is the custom of keeping a gold\silver leaf or coin over the fore head of dead corpse mentioned anywhere?
Check out the all-new face of Yahoo! India. Go to http://in.yahoo.com/
Dear Hariharan Parasuramanji,
Kindly specify whether you heard about this ritual before cremation or before burial, as both the methods have been given in Veda?
Sunil K. Bhattacharjya
--- On Mon, 12/1/08, Hariharan Parasuraman <hariharan_parasuraman@...> wrote:
From: Hariharan Parasuraman <hariharan_parasuraman@...>
Subject: [Ind-Arch] Rituals for the dead
To: email@example.com
Date: Monday, December 1, 2008, 4:12 AM
Does Rig veda or any other Vedic scripture mentions about the rituals for the dead?
Especially is the custom of keeping a gold\silver leaf or coin over the fore head of dead corpse mentioned anywhere?
Check out the all-new face of Yahoo! India. Go to http://in.yahoo. com/
- I am more curious to know about this custom before burial.
--- In firstname.lastname@example.com, Sunil Bhattacharjya
<sunil_bhattacharjya@...> wrote:
>cremation or before burial, as both the methods have been given in
> Dear Hariharan Parasuramanji,
> Kindly specify whether you heard about this ritual before
><hariharan_parasuraman@...> wrote:
> Regards,
> Sunil K. Bhattacharjya
> --- On Mon, 12/1/08, Hariharan Parasuraman
> From: Hariharan Parasuraman <hariharan_parasuraman@...>rituals for the dead?
> Subject: [Ind-Arch] Rituals for the dead
> To: email@example.com
> Date: Monday, December 1, 2008, 4:12 AM
> Hi,
> Does Rig veda or any other Vedic scripture mentions about the
>over the fore head of dead corpse mentioned anywhere?
> Especially is the custom of keeping a gold\silver leaf or coin
> Regards,
> Hariharan
> Check out the all-new face of Yahoo! India. Go to http://in.yahoo
- Hariharan Parasuraman asked:
> Does Rig veda or any other Vedic scripture mentions about theYes, it is mentioned in Vedic Sutras. Some of the latter texts
> rituals for the dead? Especially is the custom of keeping a
> gold/silver leaf or coin over the fore head of dead corpse
> mentioned anywhere?
prescribe that thin or minute pieces of gold -- not coins! -- should
be placed on the two ears, the two eyes, the two nostrils and the
mouth of the corpse of the deceased before the cremation ceremony so
as to close all of its facial orifices. Gold in this case was meant
to ensure immortality to the soul of the deceased. This rite had to
be accompanied by the recitation of the five hrdaya-formulas
(namely, those beginning with suvarnam gharmam...). Some Sutra texts
do not mention at all the number of facial orifices the pieces of
gold had to be laid upon, and some others just prescibe that, as fas
as possible, a piece of gold should be placed on the mouth of the
deceased. Yet some other Sutra texts say that at least melted butter
should be allowed to trickle down upon the openings of the face.
On this topic see Jan Gonda, _The Functions and Significance of Gold
in the Veda_, Leiden and New York, E.J. Brill, 1991, p. 159;
_Srautakosa: Encyclopaedia of Vedic Sacrificial Ritual_, Poona,
Vaidika Samsodhana Mandala, 1958-1973, Vol. I, Pt. II, pp. 1115-1116.
Kindest regards,
Francesco Brighenti
- namo namaH,
--- In email@example.com, "hariharan_parasuraman"
<hariharan_parasuraman@...> wrote:
>Well I can't speak in the context of R^igveda.
> I am more curious to know about this custom before burial.
> Regards,
> Hariharan
AFAIK the rituals are followed according one'e suutra.
But it is a well known fact that the rituals of a yati are essentially
I don't have my text near me. Let me check out the specific point you
have raised in the next few days and get back.
aa no bhadraaH kratavo yantu vishvataH
--- In IndiaArchaeology@ yahoogroups. com, "hariharan_parasura man"
<hariharan_parasura man@...> wrote:
> I am more curious to know about this custom before burial.
> Regards,
> Hariharan
Hariharan Ji, Namaste. The below note, very interesting, may be relevant:
An Aryan mortuary ritehttp://manasataramgini.wordpress.com/2004/08/05/an-aryan-mortuary-rite/
The pitR^imedha is a relatively obscure Aryan mortuary rite done an year or later after the death of an ancestor. It used to be performed in the height of summer, a new moon day or in the month of magha, usually choosing a nakShatra with a single star. The bones of the ancestor were brought in an urn and placed on a couch. The urn was wrapped in an unwashed cloth and the living descendents and their women folk go around the urn 3 times as the vINA and other musical instruments are played. They fan the urn with their upper garments as they go around. These circumambulations are performed in the initial, middle and last part of the night. The day the ritual is done also includes a feast and distribution of food along with a provision for dancing, singing and and playing on musical instruments. Some food is also dedicated to the urn of the dead ancestor.
Final depositing of the bones occurs when the sun is just rising. By dawn the adhvaryu, the yajamAna and his clansmen start walking towards the south. The site for interment should be far away from a place of habitation and roads. They should also be away from banyan, pipal vibhIdaka and other fig trees. The place should be beautiful and should have reeds. An isoceles trapezoidal shmashAna is measured out a man's length in height and the four corners are marked with pegs of palasha wood (East), shami wood, varaNa wood and stone. The stone peg should have an image of vR^itra on it and be placed in the southern quarter. A rope is held taut around he marked area by the pegs. The place is swept with a palasha twig with the formula 'apeto yantu…'. The twig is then thrown to the south and the yajamAna arranges the enclosing stones around the shmashAna. With oxen he plows along the rope with the formula 'vAyuH punAtu …" from north to west. Then the bullocks are released and the plough placed at the south with the formula "vimuchyantAM …". He then sows all kinds of seeds in the furrow with the formula ashvatthe vaH. Then the bones are deposited with the formula with 'savitA te..'. An assistant of the brahmin breaks the urn to the south while performing a prANAyAma. When he returns the adhvaryu utters the formula 'param mR^ityo..' The bones are then arranged in anatomically correct articulation as a stretched out man, with the formula 'shaM vAtA..' and a brick is placed in the middle. At each side of the trapezium 3 bricks are placed, going east to west. Soil is then spread over the bricks. If the dead one was not a great fire sacrificer then the grave is covered with gravel. If the dead one was brahmin then the head part of the smashAna is made tall. If it were a kshatriya then the chest region is made high, if it were a vaishya the thighs are made high. If it were a woman of any caste then the region corresponding to the pelvis is made high. For a shudra the knee section is made high. Then the shmashAna is covered with moss and kusha grass.
If the land was plowed nearby to get soil for the mound then barley is sowed into the furrows. Then they dig two trenches in the south of the shmashAna and 7 to the north from west to east. The two to the south are filled with water and milk and those to the north with water. The ritualists then throw 3 stones into each of the 9 trenches they then return to their habitation after crossing over the trenches with ashmnavatIH forumula. The yajamAna purifies himself by spraying an extract of the apAmArga plant on himself with the formula 'apA aghaM..' and ritually bathes. Between the zone of habitation and the shmashAna the yajamAna places a clod of earth with the formula imam jIvebhyAH…
The adhvaryu then gives the yajamAna ointments and perfumes to apply on himself and spread grass around the household aupAsana fire. Then varaNa wood is placed on the fire and offer ghee with the chant of agna AyuguMShi… He then recites the protective formulae begining with pari ime gaM aneShata… The adhvaryu then throws away the aupAsana fire through an outlet other than the house door with the formula kravyAdaM… and concludes with the formula iha eva ayam…
The fees for the rite is a chair with a cushion and a jowar sack or an old ox.
It may have helped in the development of the knowledge of skeletal anatomy in the early sacrificers.
Best Regards
Sarvesh Tiwari
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Morning mist seeps between the trees and hills of Shuishalian in Taiwan on May 17, 2014. (Mark Kao/Flickr)
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A large group of people trek carrying personal belongings through Ladakh, India on July 10, 2014. (Christopher Michel/Flickr)
This giant panda, native to south central China, strolls through a park in Chengdu province, China on May 27, 2014. (Andrew and Annemarie/Flickr)
Three schoolboys walk and talk on a street in Nagore, India on May 1, 2014. (Nagoor Dargah/Flickr)
Two little Chinese boys play with beach sand in Sanya, Hainan Province, China on June 1, 2014. (Hai yizhe/Flickr)
Locals peer out of their homes as the sun slowly breaks the mist in Hangzhou, China on June 8th, 2014. (Katarina Ahlner/Flickr)
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The Killington Mountain Bike Park offers lift served terrain for all ability levels daily through October 18, 2015. Our cutting-edge freeride trails are best experienced astride a high-tech Kona or Scott bike. Stop into the Killington Sports Bike Shop at Snowshed for all of your bike service and rental needs. Don't forget, we'll be mountain biking through October 18, so there's still time to take advantage of our Midweek Bike Park 2 for 1 Offer!
If you're hungry, we've got you covered. Check out the new menu at the Clubhouse Grill located at the Killington Golf Course and open daily, serving breakfast from 7:00-10:00 a.m. and dinner from 4:00-9:00 p.m.
The Roaring Brook Umbrella Bars are open Fridays and Saturdays at 2:00 p.m. with live music starting at 3:30 p.m. Drink specials all day Friday include $4 draft beers and specially priced frozen cocktails.
Trail conditions vary with weather and traffic. Be aware of changing conditions. This report reflects conditions at a specific moment in time only. Conditions subsequent to this report may be different. Weather or mechanical problems may prevent lifts from operating as scheduled.


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Obama Works to Avert Israel-Egypt Break as Gaza Violence Persists
In conversation with Egypt's Morsi, American president condemns rocket fire from Strip, defends Israel's right to self-defense; Egyptian FM to Clinton: Stop Israeli aggression.
The U.S. government is stepping up efforts to prevent any damage in the Israel-Egypt peace accord that might result from Operation Pillar of Defense taking place in the Gaza Strip. U.S. President Barack Obama spoke last night with Egypt's President Mohamed Morsi, and asked him not to take action that would worsen tensions with Israel.
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Style by Lynsee Blog | Shopping
Style by Lynsee Channels Her Softer Side With Cream and Pink Hues
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Springtime style encompasses neutrals, pastels, and a touch of vibrant colors. It also requires a pair of sunglasses, a neutral bag, and a glamorous pair of high heels. Whether I'm going to brunch with friends on a Sunday morning, stopping by the Lincoln Road farmers market, or getting dressed to the nines for a red carpet event, I like to keep my look polished and chic. Shop my sweet pink-and-cream color combination, and see more of my musings at Style by Lynsee.
Lanvin Dress Sold Out • Lanvin Lanvin Cocktail Dresses


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|says new version available after downloading new version
|21st Aug, 2010 14:18
Ranking: 0
Posts: 1
User Since: 9th Feb, 2008
System Score: N/A
Location: N/A
Why does it say "New PSI available for download" when its been downloaded already and un-installed the previous verson?
Have rescanned the computer after downloading new version.
|RE: says new version available after downloading new version
|21st Aug, 2010 18:04
|Score: 408
Posts: 1,393
User Since: 26th Feb 2009
System Score: 100%
Location: UK
Last edited on 21st Aug, 2010 18:05
It may not be relevant but, at this stage, what version of Secunia are you using? It's shown in the bottom-right of the main Secunia screen.
When you reply, please also tell us what PC/operating system etc you have, as I have done in my signature.
taffy078, West Yorkshire, UK
Desktop: Compaq Presario (OEM) 32 bit / AMD Athlon / 2 GB RAM
XP Home - SP3/ IE8/ Norton IS - Secunia PSI v126.96.36.19903
Laptop: Win 7 / IE11 / PSI v18.104.22.16803


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Ticket Giveaway: MisterWives, Waters, and Cruisr @ Belasco Theatre – Los Angeles
Ticket Giveaway: My Morning Jacket, Dr. Dog, and Fruit Bats @ Shrine Expo Hall – Los Angeles
Win a The Who: Live in Hyde Park prize pack, including "My Generation" and "Quadrophenia" on vinyl
Win a limited edition clear vinyl of "Poison Season" by Destroyer!
Happy Thanksgiving, Canadians! 🍁🍰🍷 pic.twitter.com/aiMrJ5yxVO
Video Interview: @bleachersmusic talks curating his fest, interacting with fans, + new music. amusicblogyea.com/?p=94231 pic.twitter.com/CLSyayxyYS
Photos: @joywavemusic, @imgracemitchell, and @elissamielke at @TheGarrisonTO in #Toronto. amusicblogyea.com/?p=94131 pic.twitter.com/0zZ4TGzfZd
Gimme Your Answers 2: A Video Interview w/ Bleachers
Photos: Joywave, Grace Mitchell, and Mieke @ The Garrison – Toronto
Photos: Ezra Furman and Stella Ella Ola @ The Silver Dollar – Toronto
Gimme Your Answers: A Video Interview w/ ZZ Ward
[Exclusive] Summer Sessions: Watch this intimate cover of James Morrison's "Better Man" by The Katherines
Getting Cozy With: COLOUR
Photos: CHVRCHES and Mansionair @ The Danforth Music Hall – Toronto
Gimme Your Answers 2: A Video Interview w/ The Joy Formidable
Gimme Your Answers: A Video Interview w/ Bully


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houseFormerly "J.R.'s ARENA" vacant, being re-modeled extensively with pride in... More
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There are currently 2,154 resale and new homes in Wichita on Trulia, including 120 open houses, as well as 453 homes in the pre-foreclosure, auction, or bank-owned stages of the foreclosure process. The average listing price for homes for sale in Wichita KS was $168,836 for the week ending Sep 30, which represents an increase of...


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Back to school has a tendancy to create some mealtime chaos, particularly if your child is participating in after school activities. Later meal times, or relying on heavily processed last minute meals can interfere with your child's sleep. A little planning now can go a long way come September. Watch the vlog here, or scroll down to […]
The Benefits of Training
Back to School Sleep Tip: Meal Planning
Why Work With Me?
The Benefits of Working with a Sleep Consultant
Making the decision to work with a sleep consultant is a very personal one. It's important to feel comfortable with the individual you plan to work with. Watch my recent interview with CTV News Toronto to see how one family recently benefited from my services.
Watch My Sleep Tips
Transitioning to One Nap
When my son Clark was 12 months old he was still having two naps a day: 10:00 AM to 11:30 AM and 3:00 PM to 5:00 PM. He also slept 12 hours at night. He definitely liked to sleep. But just one month later after he turned 13 months old, we started to see a […]
Rebecca's coaching helped us be better parents, a happier family, and Clara is a happier baby. We are so thankful and we recommend Rebecca all the time.
April, Mom of Clara (6 months) – Toronto
Thanks to Rebecca, I actually feel like a better mother. And for that, I can't possibly thank or recommend her enough!
Karyn, Mom of Max (5 ½ months) – Toronto
Rebecca provided us with a plan that was easy to follow, and her daily feedback and encouragement gave us the support and motivation to stay on track. We saw results immediately, and Ava's continued progress has been very encouraging.
Lindsay, Mom of Ava (7 months) – Montreal
At 13 months, Quinn continues to be a super star sleeper. Rebecca is amazing and I would recommend her to anyone struggling to get their little ones sleeping habits. This was one of the best investments I made during my mat leave for my own sanity, Quinn's and our family.
Jenna, Mom to Quinn (13 months) – Toronto
Rebecca provided our family with sensible and practical recommendations that fit within our level of comfort and provided great results. Not only was Rebecca professional to deal with but she was also caring and understanding of our situation. Highly recommended!
Natalie, Mom of Jaimie (16 months) – Toronto
We will be forever grateful to Rebecca for the amazing gift that she has given our family. She has made a huge difference in our lives as new parents, and we only regret not having contacted her sooner. We would highly recommend her to any parent (and baby!) that is in need of some sleep.
Natacha and Dave, Parents of Catherine (6 months) – Whitby
I wanted to thank you for all your help in teaching our little guy to sleep! After having tried a few different sleep training methods we had read about, we were very skeptical that your sleep plan would work. We had amazing results, for the first time ever, he started sleeping through the night and taking naps in his crib!
Natasha, Mom of Nathan (12 months) – Mississauga
We are already looking forward to using Rebecca's services for our newborn son. Thank you so much Rebecca for restoring peace to our nightly bedtime routine!
Erin, Mom of Evelyn (2.5 years) – Toronto
This process was such a gift! Our family is so much happier now, and we have so much more time and energy for play and fun time together!
Nina, Mom of Naya (4 months) – Toronto
Everyone comments on how easy going, content and calm our baby is and we would have to agree. Thank you so much Rebecca, you have made our household a calm and happy place to be!
Nicole, Mom to Lisa (5 months) – Toronto


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Chaos outside Metro stations
Top Stories
- After arrest, Jitender Singh Tomar resigns as Delhi Law Minister
- Army begins operation near Myanmar border, kills militants involved in Manipur ambush
- Joint CP Mukesh Kumar Meena hits back, says he took charge at ACB under L-G's orders
- Congress president Sonia Gandhi accuses PM Modi of 'U-turns, falsehoods'
- UP minister booked for burning journalist to death over Facebook post
Chaos ruled outside Metro stations in Central Delhi today as hundreds of people reached the stations unaware that they have been closed due to continuing protests at India Gate against the gang-rape of a young girl.
Nine stations, including the busiest Rajiv Chowk, was closed from early morning as people came only to be welcomed by boards that entry or exit to the stations will not be allowed today as per instructions from Delhi Police.
Rajiv Chowk sees the maximum footfall of over 5 lakh a day and shutting down of this station has caused much problems for people who were agitated and looked helpless.
Pragati Maidan, Mandi House, Barakhamba Road, Rajiv Chowk, Patel Chowk, Central Secretariat, Udyog Bhawan, Race Course and Khan Market will remain closed till further orders, according to an advisory issued late last night by the Delhi Metro.
Eight stations, except Rajiv Chowk, remained closed yesterday as well but there was not much impact as it was a Sunday.
Though inter-change was allowed at Rajiv Chowk and Central Secretariat stations, it was not of much help to the people as stations nearby were also closed.
Radhika, a software professional who works at Parliament Street, said she was unaware that all stations near her office were closed today. She was shocked when the train did not stop at three stations continuously and heaved a sigh of relief when it stopped at Rajiv Chowk.
"But I was not allowed to exit from the station. I am stuck inside now. I don't know how to reach my office though it is less than a km from here," she said.
She was not alone, there were several hundreds of passengers who got stranded at the stations.
The stations will remain closed till further orders due to protests at India Gate. The stations have been closed to prevent people from reaching India Gate and other protest sites.


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Informazioni sull'hotel
Dotazione dell'hotel
- ascensore
- executive floor
Dotazione camere
Servizi dell'hotel
- giorno di riposo
- bar hotel
- caffè/bistro
Mostra tutto
Stile e atmosfera dell'hotel
-Property description-, founded in 1986 the attention warmth and ongoing, commitment to meet the expectations of our, customers keep us as pioneers of the hotel, industry in the city. 250 rooms each with, appropriate services to meet their needs whether, its business or rest. Conservative style - we have, lounges gardens and services to meet the needs of, your business in a pleasant atmosphere., Strategically located near major industrial and, commercial areas as well as the international, toluca airport - santa fe and mexico city.
Dati dell'hotel
Orari di servizio
primo check in:
Mezzi di pagamento accettati
Diners Club
American Express
Japan Credit Bureau (JCB Int'l)


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One person was killed and two injured in a crash on Highway 58 at Champion Road on Thursday morning.
The victim was 54-year-old Donna Giarrusso.
At 7:13 a.m., Chattanooga Police officers responded to 5200 Highway 58 on an accident with injuries. Upon arrival officers found two vehicles that were involved.
Police said a four-door sedan was attempting to cross the southbound lane of Highway 58 from Champion Road when it was hit by a four-door truck, which was traveling southbound on Highway 58.
The driver of the sedan, Ms. Giamusso, was dead at the scene. A young passenger in the sedan was transported to a local hospital.
The driver of the truck, 54-year-old William Young, was also transported to the hospital.
Southbound Highway 58 traffic was blocked off at Hickory Valley Road and northbound Highway 58 traffic was blocked off at Eller Road.
The accident is still under investigation.
October 7, 2015
October 6, 2015
Here is the latest jail booking report from Hamilton County: ANDERSON, RICHARD PAUL HOMELESS CHATTANOOGA, 37403 Age at Arrest: 28 years old Arresting Agency: Chattanooga ... (click for more)
Bradley County property crimes detectives filed new charges for Scotty Lee Goodner, who was jailed on charges brought by patrol deputies related to the burglary of two structures on Ridgeview ... (click for more)
Here is the latest jail booking report from Hamilton County: ANDERSON, RICHARD PAUL HOMELESS CHATTANOOGA, 37403 Age at Arrest: 28 years old Arresting Agency: Chattanooga PUBLIC INTOXICATION --- ARNOLD, EVA KAY 11505 APISON PIKE APISON, 37302 Age at Arrest: 51 years old Arresting Agency: East Ridge FELONY POSSESSION OF METHAMPHETAMIE ... (click for more)
The Volkswagen emission scandal proves the point citizen activist, Ms. Helen Burns Sharp, has repeatedly brought to the attention of local government officials. She urged them to "beef up" the PILOT contracts before approving PILOT tax abatements. Any logical person would agree, because it is the only way to recoup a tax loss when unthinkable situations arise. Volkswagen's willful ... (click for more)
Volkswagen America has gotten into a real bad "tight," causing their red-faced leaders to huddle with spin doctors, crisis consultants and countless priests in confessional booths. Conversely, I suspect I have found a solution that would get them out of the mud and hasten their return as one of the top automotive providers in the world. You see, on Aug. 14, 1979, the playbook on ... (click for more)
MANCHESTER – On a sun-drenched afternoon, it was a special day for Baylor golf and for the King Oehmig family. Highlighted by a 5-under, 31 on the final nine holes, Baylor senior Oliver Simonsen shot a two-day, 3-under 141 to lead Baylor to the 2015 TSSAA D-II AA boys state championship at WillowBrook Golf Course here Tuesday. Carrying one-of-a-kind black golf ... (click for more)
CLEVELAND, Tenn. – Familiar rivals will play for the District 5-3A volleyball tournament championship on Wednesday. Ooltewah (41-11) and Walker Valley (28-11), the tourney's Nos. 1 and 2 seeds, respectively, posted semifinal wins Tuesday night at Cleveland Middle School and earned their shots at the title, along with berths in next week's Region 3-3A tournament. The Lady ... (click for more)


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Austkil Farm is located in Hegra, right next to the E14 and the Stjørdals River. We offer exclusive fishing and accommodation for those who wish to be...
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Suwanee dentist to buy back candy for USO
From 8 a.m. to 5 p.m. Nov. 1, employees at Suwanee Dental Care are collecting candy to donate for the troops.
'Dumb and Dumber To' films in Duluth
Filming wrapped up at the Gwinnett Performing Arts Center Oct. 30. The flick is the sequel to the 1994 box office hit, "Dumb and Dumber."
Four campaign for Lawrenceville Post 4
On Nov. 5, Keith Roche, Larry Troutman, Rory Johnson and Renita Hamilton vy for Post 4 in Lawrenceville's city council.
Dacula to vote on Sunday liquor sales
On Nov. 5, residents of Dacula can vote for distilled spirits to be sold on Sundays at the city's only liquor store.
Free family festival to come to Lawrenceville
A Day of Hope Foundation is hosting its annual its free family event on the lawn of the Gwinnett Historic Courthouse Nov. 9.
Two candidates vie for Post 4 in Grayson
Linda Jenkins and Laura Gavulic are up for the same seat in the Nov. 5 elections.
Annual Taste of Home tour returns to Duluth
Cooking fanatics gathered at the Convention Center at the Gwinnett Center for the annual cooking tour.
Snellville Fest to have auction, contests, rides
For the fourth year, residents can gather on the Snellville Towne Green for a day of food, games, contests and various booths on Oct. 26.
Trick-or-treating in Gwinnett
Here's a list of places to gather your 2013 candy in the county.
THE DISH: Red Crawfish Seafood and Wings
This Lawrenceville eatery serves a mix of cuisines, ranging from Cajun boils and fried plates to spring rolls and fried rice.
Native American culture to come to Stone Mountain
Stone Mountain Park is gearing up for four days of Native American culture during the annual Indian Festival and Pow-Wow. The event kicks off Oct. 31 and runs through Nov. 3.
Benefit for horses to be held at Lake Lanier
The public is invited to the Save the Horses Fall Festival and Fundraiser at The Stables at Lake Lanier Island Resort on Oct. 26.
'Duck Dynasty' wife to speak in Duluth
Missy Robertson will stop by the Women of Faith's "Believe God Can Do Anything" event at the Arena at Gwinnett Center Oct. 25. She will speak about faith, family and ducks.
Senior citizens enjoy daytime prom
Approximately 200 seniors spent the morning at the 15th annual senior prom at the Bethesda Senior Center in Lawrenceville on Oct. 18.
Out to Lunch ... with Susan Highsmith Graveline
"Out to Lunch" is a periodic feature that allows readers a chance to learn about the people behind the titles in Gwinnett County through a lunchtime conversation with a member of the GDP staff. The subject picks the place, we pick up the tab and then share the conversations that occur during the meal.
Pulitzer Prize winning author to speak in Norcross
Author Sonia Nazario will appear in Norcross as part of Gwinnett Public Library's Meet the Author series Nov. 6.
Randy's hosts free fall festivities
On Oct. 26, Randy's Perennials and Water Gardens is hosting a "Free Fall Fun" day for residents of all ages.
Halloween events in 2013
Here's a look at eerie events happening through Oct. 31 in Gwinnett County.
C3 Church ministry finds car to aid former Marine
Sgt. Michael McKinney of Winder will receive a minivan on Oct. 20.
Super-H Mart to host three-day festival
Oct. 25 through 27, the stores in Duluth, Suwanee, Johns Creek and Doraville are celebrating the company's ninth anniversary with the Asian Food Festival.
Rhythm comes to Buford through art
Tannery Row Artist Colony opens a new exhibit with several interpretations of the word, "rhythm." It runs through Nov. 23.
Duluth elects a new mayor
Marley, a 3-year-old golden Labrador retriever, was elected as the second mayor of the city of Duluth's Chattapoochee Dog Park.
Clean comics to come to Aurora
Jake Gulledge and Derrick Tennant are taking stage four times this weekend at the Lawrenceville theater.
THE DISH: Grandma's New York Pizza
This Suwanee eatery serves homemade pizza as well as other Italian classics.
Long Island medium to visit Atlanta
Theresa Caputo, the psychic medium and TLC star stops by the Fox Theatre on Oct. 20.
GEHC to hold annual Ella's Run
The race is in memory of Meredith Hope Emerson, who was found murdered in Blairsville.
Sugar Hill, Loganville ready for fall fests
The two cities are holding annual events on Oct. 19 to celebrate the cooler weather.
Scottish, Korean cultures to be highlighted
This weekend, residents can celebrate with two different heritages in Gwinnett.
10-hour sports car race makes return to Braselton
Petit Le Mans is back at Road Atlanta for a day at the races Oct. 19.
Michael Buble, Backstreet Boys among upcoming concerts at Gwinnett Arena
Michael Buble and Star 94's Jingle Jam are coming to the Duluth venue.
Lionheart to showcase students' work
On Oct. 18, the new venue hosts its first Artists Showcase at 7 p.m.
Local business owners raise money for cancer
Oct. 17 to Oct. 20, participating shops and restaurants in Norcross are donating a portion of their sales to Northside Hospital Foundation's Patient Advocate Group.
Nocturnal party, green pumpkins at GEHC
The Gwinnett Environmental and Heritage Center is hosting its annual Creatures of the Night Festival on Oct. 18.
C3 Church men's group, ministry to aid former Marine
The men of C3 Church Atlanta and its REALMEN Ministry want to present Sgt. Michael McKinney of Winder a used, but cleaned-up car.
Philadelphia Winn Chapter to sponsor essay contest
The group will award two cash prizes for one middle schooler and one high schooler.
Author Stuart Woods to speak in Norcross
He will speak as part of Gwinnett Public Library's Meet the Author series on Oct. 16.
Tickets for Taste of Home available
The annual cooking show returns to the Gwinnett Center.
Plein Air winners announced
The first place winner was Nancy Nowak with her piece titled "Morning Sparkle at McDaniel Farm."
Faith-driven disaster preparedness event coming to Lilburn
On Oct. 24, The Church of Jesus Christ of Latter-day Saints in Lilburn is playing host to the free Disaster Preparedness Summit.
Lilburn Daze to celebrate 40 years
The Lilburn Woman's Club hosts its 40th festival with arts and crafts.
Taste samples of Gwinnett cuisine in Suwanee
More than 9,000 people are expected to attend the Taste of Suwanee Oct. 12 that features more than 30 restaurants and food vendors.
THE DISH: Eastern China Taste
The small Suwanee eatery serves Chinese cuisine for dine in or to go.
Three spooky tours begin around Gwinnett
Tours in Norcross, Stone Mountain and Lawrenceville kick off the Halloween season.
Sims Lake Park is crawling with zombies
Aurora Theatre's annual Terror on the Trail returns to Suwanee to spook willing residents.
Dacula pastor Ron Sailor Sr. remembered for love, wit
The well known-face and voice died Oct. 6 of an apparent heart attack. He was 61.
Duluth to collect 'thank you' letters for military
The city has joined The Bert Show's "The Big Thank You 2013" write a letter for the military campaign.
Braselton athlete to run torch in Special Olympics
Zac Schuetz of Braselton is representing Gwinnett County in the Flame of Hope at the opening ceremony in Dalton, Ga.
County Fair donates food to 2 co-ops
The Gwinnett County Fair collected 6,220 pounds of food in five days, which went to the Lawrenceville and Lilburn co-ops.
Imagination and reality blur at New Dawn
The Duluth theatre opens "Harvey," a story about a man and his 6 foot 1 inch rabbit.
Auburn woman missing; last seen in Fla.
Auburn resident Elizabeth "Betty" Jenkins Burnam has been missing since Oct. 6.