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Group Consensus, Individual Consent
By Elizabeth Chamblee Burch

Despite a rise in the number of personal injury and product liability cases consolidated through multidistrict litigation, a decline in class certification motions, and several newsworthy nonclass settlements, such as the $4.85 billion Vioxx settlement and estimated $1.2 billion Zyprexa settlements, little ink has been spilled on nonclass aggregation’s unique issues.  Sections 3.17 and 3.18 of the American Law Institute’s Principles of the Law of Aggregate Litigation are a noteworthy exception.  This Article uses those principles as a lens for exploring thematic questions about the value of pluralism, group cohesion, governance, procedural justice, and legitimacy in nonclass aggregation.

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About This Content
 
Keywords: Burch, Nonclass Aggregation, Consent, Autonomy, Mass Torts, Aggregate Settlements
Content Type: Article
Media Type: Print
Author: Elizabeth Chamblee Burch
Publish Date: February 2011
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