When product-liability and other tort litigation reaches (to borrow Justice Souter’s phrase) an elephantine mass, defendants often must confront a Hobson’s choice of settlement. What process, and which venue, offers the best avenue for fairly compensating alleged while minimizing transaction costs and fraud continues to be hotly debated. A recent bankruptcy court decision provides a timely platform for our legal and policy expert panelists to discuss judicially managed mass-tort resolution versus use of the bankruptcy process.


Scarlet-Lettered Bankruptcy:

Mass Exploitation:

The New Mass Torts Bargain: