PointofLaw.com
 Subscribe Subscribe   Find us on Twitter Follow POL on Twitter  
   
 
   

 

 

Beck and Herrmann on aggregate litigation



As Ted noted in February, Beck and Herrmann have been tracking in detail proposals from the American Law Institute for a Restatement of "Principles of the Law of Aggregate Litigation". The ALI has revised its draft proposal, with results that our authors characterize as "three steps forward, two steps back". They include much cogent supporting detail, including a mini-history of the high toll exacted by aggregation in the Agent Orange litigation. Separately, they chide the Ford Motor Company for embracing (in a case called Kelly v. Ford) a theory of aggregation that advances the company's litigation interests over the short term (by getting Michigan law applied to knock out punitive damages claims nationwide) but in so doing (they argue) provides plaintiff's counsel with a logic that could cost Ford and other defendants billions in other cases to come.

 

 


Rafael Mangual
Project Manager,
Legal Policy
rmangual@manhattan-institute.org

Katherine Lazarski
Manhattan Institute
klazarski@manhattan-institute.org

 

Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.