There is no risk that this settlement will affect future litigation because it is a settlement – the defendant participated in crafting and agreed to the causation requirement applied in the claims facility created by the settlement. One might say it is a form of private lawmaking only applicable to these parties. If a future mass tort defendant doesn’t like this type of loosened causation requirement, they don’t have to agree to it.
Posted on: Thu, 16 Oct 2014 02:51:27 +0000
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