Mass Torts in a World of Settlement

By Richard A. Nagareda | Go to book overview

INDEX
ABB Group, 167
administrative law: arbitrariness, 81; class settlements, comparison to, 81–82; hard look doctrine, 262–63; rulemaking-adjudication distinction, 57, 61, 65, 234; rulemaking to limit questions for adjudication, 64
Agent Orange class settlement, 74–76, 103
agents, lawyers as, ix, 273
aggregate settlements, xvii, 20, 57, 89, 108; asbestos class settlements and, 78; back-end opt-outs and, 140; fen-phen class settlement, comparison to, 143; form of, 58; limitations of, 60–61; Rule 1.8(g) of Model Rules of Professional Conduct and, 59–60
allocation: claimants' preference for, 121, 225; gains from settlement, 119; maximization of settlement and, 123, 241; punitive damages, 130–34
Amchem Products, Inc. v. Windsor, 73, 76–94, 180, 227–28, 269; asbestos reform legislation, comparison to, 106; class settlement structure, 77–78; Combustion Engineering, comparison to, 173–75; dilemma created by, 159–60; workers' compensation, comparison to, 77
American Home Products, 136. See also Wyeth Corporation
antitrust law: leveraging proposal and, 243; Midcal immunity, 205, 215–16; Noerr-Pennington immunity, 205–6, 216; Parker immunity, 205
asbestos litigation: bankruptcy of defendant firms, 167; history of, 13, 16–17, 21; labor unions and, 17; mass screenings, 17; MDL Panel and, 75; medical diagnostic practices, 149; statistical sampling and, 67–69; tobacco litigation, comparison to, 188
asbestos reform legislation: Amchem, comparison to, 106; bankruptcy and, 108; features of, 106; political difficulties of, 106
Austern, David, 175
autonomy of tort claimants, xix, 136, 233–36
Ayotte, Kenneth, 181
background risk of disease, 148
Baker, Lynn, 59
bankruptcy: absolute priority rule, 76; Article I basis of, 253; channeling injunction, 163, 166; Chapter 11 of Bankruptcy Code, 162–63; fee awards in, 232–33; future claims, treatment of, 164; good faith requirement, 254; Listokin and Ayotte contingent compensation proposal,

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