In "Would Litigation Financing Improve Mass Torts," the National Law Journal examines an article by ProfessorByron Stier suggesting that plaintiffs should be allowed to sell their claims to financial entities. As Chris mentioned in an earlier post, Byron's article was part of the "Perspectives on Mass Tort Litgiation" symposium held at Widener last April.
During the Litigation Section’s Annual Conference, a select panel presented “Disaster Averted, Mass Tort Resolved—Settling Mass Tort Disaster Cases.” The panel covered many key mass torts issues, including cy pres. This doctrine, evoked when literal compliance is impossible, derives its name from English law and was originally a borrowing from the Norman-French “cy près comme possible,” as close as possible.
Cy Pres Awards in Mass Tort Settlement
As the panel noted, the distribution...