Publication Date

4-2008

Journal

Michigan Law Review

Abstract

The article examines the challenges posed by mass torts, particularly the impact of temporal dispersal and latency of injuries, which create significant uncertainties in settlement values. Nagareda critiques the traditional approaches to mass torts—focusing on procedure, substance, and ethics—and proposes a shift toward an administrative framework. He argues that leveraging the self-interest of plaintiffs' lawyers through a fee redistribution mechanism could address settlement dysfunctions, particularly the disparity between present and future claimants. However, the article questions whether this proposal adequately addresses the broader issues in mass tort litigation, especially in immature torts.

Volume

106

Issue

6

First Page

1213

Last Page

1228

Publisher

University of Michigan Law School

Disciplines

Administrative Law | Law | Torts

Comments

2008 Survey of Books Related to the Law - Torts

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