Settlement

Settling Mass Torts

It is often said that 90% of cases settle. For mass torts, that number approaches 100%. The battles over how a mass tort settlement will be accomplished dominate the endgame of almost every mass tort. Central to these battles are two cases, Amchem Products, Inc. v. Windsor and Ortiz v. Fibreboard Corp. Settlements also give rise to fights about common benefit funding, effective notice for settlement-class members, and a number of other disputes that can impede or derail the settlement.