credibly committing to a set of take-it-or-leave it offers of their own
explained above, a some circumstances
commitment strategy is attractive to as a way of reducing the overall costs
of a mass tort.
would be assured of horizontal equity in quickly and inexpensively determine what
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.
Confidential undoubtedly remain
settlement agreements and their limitation
under which mass tort defendants Developing such an understanding
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