Law Commons^™

Mass Tort Litigation And Inquisitorial Justice, Howard M. Erichson

Faculty Scholarship

In the past decade, settlement class actions have become increasingly popular in mass tort litigation, having been used successfully in cases such as the Dalkon Shield litigation, the Bjork-Shiley heart valve litigation, and the orthopedic bone screw litigation. Although the Supreme Court's opinion in Amchem has engendered some confusion over the continued viability of mass tort settlement class actions, it appears that such settlements remain a dominant approach to resolving mass tort lawsuits. With increasing frequency, plaintiffs and defendants come to court holding hands, and courts must launch their own vigorous inquiries into the merits of the parties' proffered settlement. …

Asbestos And The Dalkon Shield: Corporate America On Trial, Joseph A. Page

Georgetown Law Faculty Publications and Other Works

Asbestos and the Dalkon Shield intrauterine device share a number of unhappy distinctions. Both products have exacted a terrible human toll. Damage suits seeking recovery for harm linked to both have put considerable strain on the judicial system. Corporate decisions made in the course of marketing both have been deemed reprehensible. Manufacturers of both have sought refuge in bankruptcy. And both have provided the grist for hard-hitting books by veteran investigative journalists.

Paul Brodeur's Outrageous Misconduct: The Asbestos Industry on Trial returns a harsh verdict against the Manville Corporation and others directly and indirectly involved in the production of what …