Elizabeth Chamblee Burch · February 2011
79 GEO. WASH. L. REV. 506 (2011)
Despite a rise in the number of personal injury and product liability cases consolidated through multidistrict litigation, a decline in class certification motions, and several newsworthy nonclass settlements, such as the $4.85 billion Vioxx settlement and estimated $1.2 billion Zyprexa settlements, little ink has been spilled on nonclass aggregation’s unique issues. Sections 3.17 and 3.18 of the American Law Institute’s Principles of the Law of Aggregate Litigation are a noteworthy exception. This Article uses those principles as a lens for exploring thematic questions about the value of pluralism, group cohesion, governance, procedural justice, and legitimacy in nonclass aggregation.
