Originally from Alternatives to the High Cost of Litigation

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U.S. courts struggle to deal with litigation involving large numbers of claimants. A challenge in these cases is balancing the need for efficiency with opportunities for individualized claim assessment.

Generally speaking, efficiency can be sacrificed at the expense of individualization, and vice-versa, but it is often difficult to strike a middle ground. The settlement process described in this article successfully managed this tension and as such can serve as a model for distributing a substantial fund in mass claims litigation.

This article first details the legal background of the litigation. It discusses the settlement fund participation options outlined in the settlement agreement. Then it will focus on implementing the settlement. Finally, the article will conclude with a reflection on the settlement process, and how the distribution of this settlement fund may serve as a model for future funds.