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: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4005503
Mass Exploitation: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3929647
The New Mass Torts Bargain: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3649611