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China's Courts And Tainted Milk. Never The Twain Shall Meet?

By Dan Harris and Steve Dickinson

This New York Times article does as good a job of any at setting out the issues China is facing in deciding whether to allow milk taint victims to pursue their claims in court. The article is, somewhat wrongly entitled, "Courts Compound Pain of China's Tainted Milk." It does a nice job dealing with the issues of whether China's courts are set up for these sorts of mass tort cases and also whether the rejection/acceptance of such lawsuits is being driven from Beijing or locally. I would think most Western lawyers would agree China eventually needs a system that can handle class action torts (or just mass tort cases), but the much tougher question is what it should do in the meantime.

Full post as published by China Law Blog on October 21, 2008 (boomark / email).