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such high-profile examples as the Catholic Church’s secret settlements

which may have facilitated further sexual abuse.

20

as

to

Finally, the literature on mass torts the likely result of the cerivastatin

offers its own predictions

litigation.

In

mass

torts,

a number of dynamics lead to larger expected liability for the manufacturer than would be expected by merely summing the individual

torts

(Carroll,

2004);

(Daugherty

and

Reinganum,

2007).

Frequently,

there are many plaintiffs, many of whom connection to the most serious injuries

had a relatively tangential

caused

by

the

product.

Linked

settlements

sometimes

result:

defendants

settle

many

weaker

cases

for

more than they might

stronger

cases.

The

otherwise in exchange risk-averse defendant

for settlements of the escapes the risk of

potentially bankruptcy-inducing judgments in jurisdictions (Hensler and Peterson, 1993).

plaintiff-friendly Counsel for plaintiffs

get

judgments having to worthless

for their clients and contingency fees try weak cases, some fraction of which at trial (Schuck, 1995).

for themselves

without

would actually

be

why

The daunting logistics of defendants sometimes expect

defending a mass tort also help

large

losses.

In

most

products

explain

liability

cases,

the

defendant

has

far

more

resources

than

an

individual

plaintiff.

In some mass torts, this asymmetry is reversed.

Defendants

can any

simply become overwhelmed by the sheer defendants have an in-house litigation

number of claims. staff necessary to

Few, if credibly

try more than a small fraction of mass tort claims.

to

outside

counsel.

But

as

trials

have

become

less

This requires going common over the past

thirty years, experienced defense-side trial lawyers have become Hiring and coordinating the necessary number of trial lawyers to the sheer volume of litigation is a massive logistical task.

rarer. handle

____________ Moss (2007) argued that the conventional economic analyses of this issue are reductively facile. 20

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