Public and Private Law Perspectives: Transcript of Professor Howard Erichson

5 Pages Posted: 10 Feb 2009


In this short presentation at a symposium on asbestos litigation, I suggest that the drive for global peace - fully comprehensive resolutions in mass tort litigation - leads some participants and commentators to undervalue claimant control over settlement decisions. In the wake of the rejection of asbestos settlement class actions in Amchem and Ortiz, mass tort litigators have pushed the ethical envelope in their efforts to achieve peace without class certification. In particular, I suggest that the mandatory recommendation and attorney withdrawal provisions of the Vioxx settlement were overreactions to the problems of the fen-phen settlement class action.

Keywords: asbestos, mass tort, litigation, settlement, Amchem, Vioxx, fen-phen

Suggested Citation

Erichson, Howard M., Public and Private Law Perspectives: Transcript of Professor Howard Erichson. Southwestern University Law Review, Vol. 37, No. 3, 2008, Available at SSRN:

Howard M. Erichson (Contact Author)

Fordham University School of Law ( email )

150 West 62nd Street
New York, NY 10023
United States
646-312-8233 (Phone)

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