A Model for the use of ADR to Efficiently Distribute a Significant Settlement Fund in Mass Claims Litigation Without Sacrificing an Individualized Assessment of Claims

Authors

Lynn P. Cohn, Northwestern Pritzker School of Law

Abstract

Courts in the United States struggle to deal with litigation involving large numbers of claimants. A challenge in these cases is balancing the need for efficiency with opportunities for individualized claim assessment. Generally speaking, efficiency can be sacrificed at the expense of individualization, and vice-versa, but it is often difficult to strike a middle ground. The settlement process described in this article successfully managed this tension and as such can serve as a model for distributing a substantial fund in mass claims litigation.

This article will begin by detailing the legal background of the litigation of A v. B (2013). Section II will go on to discuss the settlement fund participation options outlined in the A v. B (2013) Settlement Agreement ("Settlement Agreement"). Section III will discuss various aspects of implementing the settlement. Finally, the article will conclude with a reflection on the settlement process, and how the distribution of this settlement fund may serve as a model for future funds.

Disciplines

Dispute Resolution and Arbitration | Law | Legal Ethics and Professional Responsibility | Torts

Recommended Citation

Lynn P. Cohn, A Model for the use of ADR to Efficiently Distribute a Significant Settlement Fund in Mass Claims Litigation Without Sacrificing an Individualized Assessment of Claims, 18 Cardozo J. Conflict Resol. 699 (2017).
Available at: https://larc.cardozo.yu.edu/cjcr/vol18/iss3/8