Seeking Accuracy in Aggregate Litigation

Edward K. Cheng, When 10 Trials Are Better Than 1000: An Evidentiary Perspective on Trial Sampling, 160 U. Pa. L. Rev. 955 (2012).

Allan Erbsen

Courts and markets perceive mass tort victims from distinct perspectives that complicate aggregate litigation.  Before mass torts cause injuries, prospective victims often are fungible variables in an actuarial model.  Actors can foresee the possibility of negligence and identify groups who they might harm without knowing which specific members will incur losses.  For example, airlines know that […]