Wednesday, October 29, 2008

Secret Settlements in Mass Tort Cases

James M. Anderson (RAND) has posted an article entitled "Understanding Mass Tort Defendant Incentives for Confidential Settlements: Lessons from Bayer's Cerivastatin Litigation Strategy" on SSRN.  The abstract is below.

Settlement agreements that require a plaintiff not to disclose or publicize any information about her claim are both common and controversial. Under some conditions, however, a mass tort defendant will rationally choose to discourage such secrecy. A defendant can use publicity to act as a commitment device akin to a most-favored-nation agreement to increase its bargaining power with plaintiffs. The paper uses the real world example of Bayer's cerivastatin litigation as a case study to illustrate this theory in practice and to explore the public policy implications of this finding.

ADL

http://lawprofessors.typepad.com/mass_tort_litigation/2008/10/secret-settleme.html

Mass Tort Scholarship | Permalink

TrackBack URL for this entry:

http://www.typepad.com/services/trackback/6a00d8341bfae553ef010535c9ca93970c

Listed below are links to weblogs that reference Secret Settlements in Mass Tort Cases :

Comments

Post a comment