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Case Studies of Mass Tort Limited Fund Class Action Settlements & Bankruptcy Reorganizations

S. Elizabeth Gibson
January 1, 2000

This is an expanded version of a report that was previously published as Appendix E of the Report of the Advisory Group on Civil Rules and the Working Group on Mass Torts (Report on Mass Tort Litigation) February 15, 1999. In this version, the author expands her analysis by examining publicly available information about three additional bankruptcy cases. By broadening the range of the study, she was better able to make direct comparisons of--to evaluate the policy implications of--the processes used in class actions and bankruptcies. This report also offers informed suggestions for improving approaches to resolving tort claims against businesses that are approaching insolvency.