publicly funded court system to resolve their disputes. On the other hand, proponents of confidential settlements emphasize the private character of most disputes and parties’ freedom to come to whatever agreement best serves them.
Suppose, however, that under certain conditions, defendants might
have incentives not to seek
confidentiality agreements about the difficult question of whether
restrictions should be put be avoided. This chapter will themselves rationally
on confidential settlement agreements might explores the conditions under which parties choose not to seek confidential settlement
By understanding these conditions and the
confidential settlement agreements without coercion or controversial
changes to contract law.
At the very least, policymakers should
understand the agreements are contributes to
legal ecologies in which confidential settlement
most and least the settlement
likely to thrive.
The chapter also
limited transparency can operate as a commitment strategy similar most-favored nation agreement and providing a real-world example.
In order to understand the incentives for confidential settlements, I use a recent high-profile pharmaceutical litigation
case study settlement
to explore why a defendant might not seek confidential
A.G. faced a serious problem.
cholesterol-lowering drug, name Baycol, sometimes caused
potentially fatal muscle damage, rhabdomyolysis.
Baycol from the
market, Bayer faced over 12,000 products liability than seek confidentiality agreements, Bayer created
schedule of payments for rhabdomyolysis based on the
plaintiff’s injury or for