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Presents the most comprehensive description to date of the
longest-running mass tort litigation in U.S. history. Asbestos
litigation is the longest-running mass tort litigation in U.S.
history. Through 2002, approximately 730,000 individuals have
brought claims against some 8,400 business entities, and defendants
and insurers have spent a total of USD70 billion on litigation.
Building on previous RAND briefings, the authors report on what
happened to those who have claimed injury from asbestos, what
happened to the defendants in those cases, and how lawyers and
judges have managed the cases.
Class action lawsuits--allowing one or a few plaintiffs to
represent many who seek redress--have long been controversial. The
current controversy, centered on lawsuits for money damages, is
characterized by sharp disagreement among stakeholders about the
kinds of suits being filed, whether plaintiffs' claims are
meritorious, and whether resolutions to class actions are fair or
socially desirable. Ultimately, these concerns lead many to wonder,
Are class actions worth their costs to society and to business? Do
they do more harm than good? To describe the landscape of current
damage class action litigation, elucidate problems, and identify
solutions, the RAND Institute for Civil Justice conducted a study
using qualitative and quantitative research methods. The
researchers concluded that the controversy over damage class
actions has proven intractable because it implicates deeply held
but sharply contested ideological views among stakeholders.
Nevertheless, many of the political antagonists agree that class
action practices merit improvement. The authors argue that both
practices and outcomes could be substantially improved if more
judges would supervise class action litigation more actively and
scrutinize proposed settlements and fee awards more carefully.
Educating and empowering judges to take more responsibility for
case outcomes--and ensuring that they have the resources to do
so--can help the civil justice system achieve a better balance
between the public goals of class actions and the private interests
that drive them.
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