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Adjudication versus Rulemaking, Litigation versus Administration Adjudication versus Rulemaking, Litigation versus Administration
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Pragmatics and Compromise in the Design of Compensation Grids Pragmatics and Compromise in the Design of Compensation Grids
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Judicially Administered Statistical Sampling Judicially Administered Statistical Sampling
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IV: Making and Enforcing a Grid
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Published:October 2007
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Abstract
This chapter starts by observing that the use of grid-like arrangements in torts does not represent as much of a departure as one initially might think. It goes on to investigate a notable judicial effort to build on the aggregate settlement process through court-administered statistical sampling of pending claims. The existence of aggregate settlements helps to sharpen the terms for discussion of the shift to more elaborate forms of administration. A vision of the processes for comprehensive peace in mass tort litigation grounded in agency rulemaking raises questions of governing authority. Examples from the annals of administrative law and from historical developments in tort law show the interplay between grid design and institutional authority. The Cimino trial plan recreated the shortcomings of aggregate settlements as a mechanism for the resolution of mass tort litigation.
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