TITLE

DISAGGREGATIVE MECHANISMS: MASS CLAIMS RESOLUTION WITHOUT CLASS ACTIONS

AUTHOR(S)
Dodge, Jaime
PUB. DATE
July 2014
SOURCE
Emory Law Journal;2014, Vol. 63 Issue 6, p1253
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
Aggregation has long been viewed as the primary, if not sole, vehicle for mass claims resolution. For a half century, scholars have consistently viewed the consolidated litigation of similar claims as the only mechanism for efficiently resolving mass claims. In this Article, I challenge that long-standing and fundamental assumption. This Article seeks to reconceptualize our understanding of mass claims resolution, arguing that we are witnessing the birth of a second, unexplored branch of mass claims resolution mechanisms—which I term "disaggregative " dispute resolution systems because they lack the traditional judicial aggregation of victims that has been the hallmark of mass claims litigation. Disaggregation returns to a focus on the individual akin to that of the single-plaintiff system, but uses either procedural or substantive streamlining, or a shift of costs to the defendant, to ameliorate the asymmetries that prompted the creation of class actions. Many of our most innovative claims structures-from the BP Gulf Coast Claims Fund and the fund created in the wake of the Costa Concordia disaster, to the common single-plaintiff arbitration clauses in consumer and employment agreements-use this new, bottom-up model of disaggregative mass claims resolution instead of the familiar top-down aggregative model. These next-generation systems have been heralded as a significant advancement in mass claims resolution, capable of awarding greater compensation to claimants more quickly and at a lower cost than aggregate litigation. But like the single-plaintiff and aggregate litigation systems that preceded it, disaggregation has its flaws. Because the defendant typically designs these systems, they often give rise to questions about legitimacy and the accuracy of compensation. Yet, because these systems are the product of contract, attempts to restrict them have largely failed. This Article tees up not only the problem these privately ordered processes are creating for the enforcement of traditional public mechanisms of aggregation, but also the problems with the public system that drove the private demand for disaggregation. The Responses to this Article published in the remainder of this colloquy begin to explore the consequences of this new approach to mass claims and the array of potential public mechanisms for bringing aggregation and disaggregation into balance.
ACCESSION #
97410372

 

Related Articles

  • legal affairs: legal briefs.  // Chicago Citizen;8/4/2010, Vol. 45 Issue 19, p11 

    The article presents news briefs related to lawsuits in the U.S. including life sentence to a man who committed various carjackings in December 2008 and plan of a federal judicial panel in Idaho to consolidate more than 300 lawsuits filed in the Gulf of Mexico oil spill against BP PLC and other...

  • Drilling regulator calls agency 'powerhouse' enforcer. Colman, Zack // Hill;12/19/2012, Vol. 19 Issue 144, p12 

    The article presents updates on the case of BP PLC's Deepwater Horizon oil spill in the Gulf of Mexico.

  • SYMPOSIUM: REMEDIES FOR BIG DISASTERS: THE BP GULF OIL SPILL AND THE QUEST FOR COMPLETE JUSTICE. Thomas, Tracy A. // Akron Law Review;2012, Vol. 45 Issue 3, p567 

    An introduction is presented in which a law professor discusses various reports within the issue on topics including the legal aspects of the 2010 British Petroleum (BP) Deepwater Horizon oil well explosion, BP mediator Kenneth Feinberg, and U.S. alternative dispute resolution programs.

  • IN RE: OIL SPILL BY THE OIL RIG "DEEPWATER HORIZON" ON THE GULF OF MEXICO, ON APRIL 20, 2010, ORDER, AUG. 26, 2011. Selby, Brendan // Harvard Environmental Law Review;2012, Vol. 36 Issue 2, p533 

    The article discusses the environmental and legal implications of the April 20, 2010 explosion and oil spill involving the British Petroleum Deepwater Horizon oil rig, including information on the consolidated case In re: Oil Spill by the Oil Rig Deepwater Horizon on the Gulf of Mexico, on April...

  • Spill waters run deep. Symington, Annabel // New Statesman;10/4/2010, Vol. 139 Issue 5021, p56 

    In this article the author examines the legal issues surrounding the 2010 Deepwater Horizon oil spill in the Gulf of Mexico. It is noted that some 400 actions have been filed against the oil company BP in Houston, Texas and in Louisiana. A number of issues are discussed including liability,...

  • Deepwater Horizon: Removal Costs, Civil Damages, Crimes, Civil Penalties, and State Remedies in Oil Spill Cases. Force, Robert; Davies, Martin; Force, Joshua S. // Tulane Law Review;2011, Vol. 85 Issue 4, p889 

    The article examines the existing scheme in the U.S. for dealing with oil pollution which include basic liability regime highlighting the Deepwater Horizon oil spill cases. It discusses among other things, the bases for liability, parties responsible for paying oil removal costs and damages, and...

  • A Generation of litigation: what to expect from Macondo. Ball, Eldon // Offshore;Sep2010, Vol. 70 Issue 9, p44 

    The article offers information on the legal process on the oil spill case of BP PLC in Macondo in the Gulf of Mexico. According to litigation attorney Lela Hollabaugh of Waller Lansden Dortch & Davis in Nashville, Tennessee, the case of the BP oil spill is a long-term process which can be...

  • Government Sues BP, Eight Other Firms Over Gulf Spill. RICKMAN, JOHNATHAN // Energy Daily;12/16/2010, Issue 238, p1 

    The article reports on the civil lawsuit filed by the U.S. Department of Justice against BP PLC and eight other companies linked to the Deepwater Horizon oil spill in the U.S. Gulf Coast. The agency is seeking penalties under the U.S. Clean Water Act and is determined to make the eight firms...

  • Innovative Approaches to Managing Mass Toxic Tort Cases. MANN, DARA D.; BELLAMY, LAUREN D. // Federal Lawyer;Jun2013, Vol. 60 Issue 5, p68 

    The article discusses the initiative taken by corporations to prevent the impacts of mass toxic tort litigation in the U.S. Topics discussed include the litigation against British Petroleum regarding explosion of the Deepwater Horizon oil rig in April 2010, the importance of cost-effective...

Share

Read the Article

Courtesy of THE LIBRARY OF VIRGINIA

Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics