The Rise and Fall of the Mass Tort Glass Settlement

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:
The Rise and Fall of the Mass Tort Glass Settlement

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This chapter reviews developments behind the realization by lawyers that class settlements might function as peacemaking vehicles. It then turns to the structure of the deals in Amchem Products, Inc. v. Windsor and Ortiz v. Fibreboard Corp., connecting their terms to the preceding discussion of the developmental process of mass tort litigation. It concentrates on the Supreme Court's analysis and its institutional implications. The class settlements in Amchem and Ortiz stand as latter-day elaborations on workers' compensation. Their class settlements amounted to rulemaking for future claims. Inventory cases aside, both Amchem and Ortiz involved the use of the class action device to switch future claimants from the tort system to a private administrative regime. It is observed that the peace plans in Amchem and Ortiz aspired to substitute administrative regimes for the preexisting tort system.

Keywords: class settlements; Amchem Products; Ortiz; mass tort litigation; Supreme Court; tort system; peacemaking

Chapter.  10536 words. 

Subjects: Company and Commercial Law

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