such high-profile examples as the Catholic Church’s secret settlements
which may have facilitated further sexual abuse.
Finally, the literature on mass torts the likely result of the cerivastatin
offers its own predictions
a number of dynamics lead to larger expected liability for the manufacturer than would be expected by merely summing the individual
there are many plaintiffs, many of whom connection to the most serious injuries
had a relatively tangential
more than they might
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
judgments having to worthless
for their clients and contingency fees try weak cases, some fraction of which at trial (Schuck, 1995).
The daunting logistics of defendants sometimes expect
defending a mass tort also help
In some mass torts, this asymmetry is reversed.
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.
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.
____________ Moss (2007) argued that the conventional economic analyses of this issue are reductively facile. 20