Reviewing the law reviews.

Defense Counsel JournalVol. 75 Nbr. 4, October 2008

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Reviewing the law reviews.

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Tort law has long been a means of dealing with behavior considered undesirable by society outside of the criminal law area. Crimtorts, however, is an area of law where criminal law and tort law intersect. It is in this arena where, generally, large corporations have been punished--through damage awards--for committing acts that might otherwise be dealt with criminally. And while some consider that the effectiveness of crimtorts has been limited by courts' recent reluctance to certify class actions, there has been increased discussion of criminalizing products liability law where companies are manufacturing lethal products. Additionally, there has been a call to hold manufacturers vicariously liable for injuries done by criminal products. In the last few months, several articles have considered the different ways in which the law of torts and criminal law interact.

In his article, Crimtorts, Class Actions, and the Emerging Tort Method, (1) Byron Stier looks at the trend in courts recently to reject class certification for tort claims and the perceived effect it has had on the area of crimtorts. He does not consider fewer class actions necessarily a signal of the end of the usefulness of crimtorts. While increased reliance on individual suits may weaken some of the effectiven...

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