SMNR: Mega-Settlements

Semester: Spring 2014
Course ID: 397S
Credit Hours: 3
Unique: 30150

Course Information

Course Type: Seminar

Registration Information

Upperclass-only elective

Meeting Times

Day	Time	Location
MON	3:45 - 5:35 pm	JON 6.203

Evaluation Method

Type	Date	Time	Location
Paper

Description

This seminar will examine the evolution, future, and unique problems posed by the "mega-settlement" in modern American law. Over the past 30 years, American courts and lawyers have been increasingly challenged by the special difficulties presented by the litigation of mass torts, such as those involving the BP oil spill, Vioxx, the diet drug Fen-Phen, asbestos, and the 9/11 attacks. The high-stakes, multibillion dollar settlements of nationwide litigation involving thousands of plaintiffs have forced attorneys (for both the plaintiffs and defendants) and the courts to rethink notions of individual justice, and the zealous and ethical representation of clients. Some of the topics to be covered include: the variety of structures for resolving mass tort litigation, including the "quasi-class action"; the changing role of the court and the proper limits on judicial power; ethical issues confronting attorneys (for both plaintiffs and defendants); how best to compensate attorneys (for both plaintiffs and defendants); and various proposals for reform. Pre-requisites: Professional Responsibility, which may be taken during the same semester. Requirements: Research paper and several short "response" papers on the weekly reading assignment.

Textbooks ( * denotes required )

Lawyer Barons: What Their Contingency Fees Really Cost America *

Brickman

Cambridge , edition: 2011
ISBN: 9780521189491

Mass Torts in a World of Settlement *

Nagareda

Univ. of Chicago Press , edition: 2007
ISBN: 9780226567600

Individual Justice in Mass Tort Litigation *

Weinstein

Northwestern Univ. Press , edition: 1995
ISBN: 0810111888

Agent Orange on Trial *

Schuck

Harvard Univ. Press , edition: Enlarged 1987
ISBN: 0674010264

Risks, Reputations, and Rewards *

Kritzer

Stanford Univ. Press , edition: 2004
ISBN: 0804749671

Who Gets What: Fair Compensation after Tragedy and Financial Upheaval *

Feinberg

Public Affairs , edition: 2012
ISBN: 1586489771

Instructors

Baker, Lynn A.