The role of courts in mass tort litigation is examined. The courts' interests in such cases, the power that courts have to aggregate claims, limits on that power and the flexibility that courts have to get around limits are discussed. Ways that courts' interests in resolving mass tort litigation interfere with judicial promulgation and consistent application of legal rules are also discussed.
Mark A. Peterson & Molly Selvin,
Mass Justice: The Limited and Unlimited Power of Courts,
54 Law and Contemporary Problems
Available at: http://scholarship.law.duke.edu/lcp/vol54/iss3/12