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.
Class actions, certification, mass litigation, future injuries, Amchem Products, Inc. v. Windsor, Ortiz v. Fibreboard Corp.
University of Pennsylvania Law Review
Hazard, Geoffrey C. Jr., "The Futures Problem" (2000). Faculty Scholarship at Penn Carey Law. 1606.