This is the third in a series of articles designed to propose a functional approach for managing complex litigation. These articles argue that sufficient flexibility exists in our civil litgation system to include and encourage evolving forms of dispute resolution and that effective judicial management and increased use of cooperative and inquisitorial techniques in experimental applications will lead inductively to superior approaches for coping with difficult cases. Part I of this article is a study of the Jenkins v. Raymark class action; Part II repeats the case study methodology examining In re A.H. Robins Company. Part III then proposes alternative functional approaches for managing mature mass torts based upon the experience gained from the procedural innovations advanced in the two case studies.
Francis McGovern, Resolving Mature Mass Tort Litigation, 69 Boston University Law Review 659-694 (1989)