Chapter

Making and Enforcing a Grid

in Mass Torts in a World of Settlement

Published by University of Chicago Press

Published in print October 2007 | ISBN: 9780226567600
Published online March 2013 | e-ISBN: 9780226567624 | DOI: http://dx.doi.org/10.7208/chicago/9780226567624.003.0004
Making and Enforcing a Grid

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This chapter starts by observing that the use of grid-like arrangements in torts does not represent as much of a departure as one initially might think. It goes on to investigate a notable judicial effort to build on the aggregate settlement process through court-administered statistical sampling of pending claims. The existence of aggregate settlements helps to sharpen the terms for discussion of the shift to more elaborate forms of administration. A vision of the processes for comprehensive peace in mass tort litigation grounded in agency rulemaking raises questions of governing authority. Examples from the annals of administrative law and from historical developments in tort law show the interplay between grid design and institutional authority. The Cimino trial plan recreated the shortcomings of aggregate settlements as a mechanism for the resolution of mass tort litigation.

Keywords: grid-like arrangements; aggregate settlement; mass tort litigation; administrative law; tort law; grid design; institutional authority; Cimino

Chapter.  5784 words. 

Subjects: Company and Commercial Law

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