PRACTICAL GLOBAL TORT LITIGATION: United States, Germany and Argentina.

http://www.cap-press.com/books/1656

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

About the authors:
Andrew J. McClurg is a nationally recognized torts scholar and teacher. He holds the Herbert Herff Chair of Excellence in Law at The University of Memphis Cecil C. Humphreys School of Law. McClurg’s books and law review articles have been cited by numerous courts and in more than 175 different journals. Before joining academia, he served as a law clerk to a federal district court judge and worked four years as a trial lawyer.

Adem Koyuncu is both a lawyer and medical doctor. He is a lawyer in Cologne in one of the German offices of Mayer, Brown, Rowe & Maw LLP, a major U.S. firm, where his practice includes German tort and products liability litigation. He is the author of two books and several articles in the field of products liability law, particularly as it relates to the pharmaceutical and medical device industry. He is an active national lecturer and presenter.

Luis Eduardo Sprovieri is a partner in the Buenos Aires office of Baker & McKenzie, serving as coordinator of the firm’s products liability group for Latin America. He is also a specialist in the fast-growing field of mass tort litigation in Argentina. Before joining Baker & McKenzie, he worked for almost two decades for the Argentine judiciary, reaching the position of Civil Court Clerk in Buenos Aires, the largest jurisdiction in the country. He is the author of several articles on tort law and civil procedure.