The Futures Problem

Authors

Geoffrey C. Hazard Jr., University of Pennsylvania Carey Law SchoolFollow

Document Type

Article

Publication Date

2000

Abstract

Perhaps the most difficult problem in addressing mass torts is that of future claimants. "Futures" are those who do not now have claims, because injury has not been sufficiently manifested, but who may well have claims in the future. The Supreme Court's decisions in Amchem and Ortiz appear to have foredoomed any procedural mechanism by which to resolve future claims. This, in turn, will leave defendants in mass tort cases with greatly reduced incentives to participate in mass settlement. That implication makes the possibility of reforms in substantive law perhaps more attractive. In addition, these decisions invite further questions about the validity of class suit injunctions that were adumbrated in Martin v. Wilks.

Keywords

Class actions, certification, mass litigation, future injuries, Amchem Products, Inc. v. Windsor, Ortiz v. Fibreboard Corp.

Publication Title

University of Pennsylvania Law Review

Publication Citation

148 U. Pa. L. Rev. 1901 (2000)

Repository Citation

Hazard, Geoffrey C. Jr., "The Futures Problem" (2000). All Faculty Scholarship. 1606.
https://scholarship.law.upenn.edu/faculty_scholarship/1606