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credibly committing to a set of take-it-or-leave it offers of their own

devising. defendants

As in

explained above, a some circumstances

commitment strategy is attractive to as a way of reducing the overall costs

of a mass tort.

their

settlements

Plaintiffs

and

could

would be assured of horizontal equity in quickly and inexpensively determine what

the

defendant’s best offer would trial posturing succeeded by

be. The a flurry

wasteful pattern of lengthy pre- of settlements on the courthouse

steps might be avoided. cerivastatin litigation

On the other hand, as strategy has important

explained above, disadvantages.

the

Confidential undoubtedly remain

settlement agreements and their limitation

controversial.

This

chapter

describes

the

will conditions

under which mass tort defendants Developing such an understanding

might might

rationally eschew them. permit policy measures to

discourage confidential At the very least, such the circumstances under occur.

settlement agreements short of an outright ban. understanding will help policymakers recognize which confidential agreements are most likely to

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