By Judge Marina Corodemus (Ret.) and Renee Henderson, Esq.
(As Published in The Legal Intelligencer on 1/23/13)
The past few years have witnessed a sharp increase in the use of the aggregate settlement as the go-to device for globally resolving mass tort claims. However, as with most new devices, the excitement over the novelty can sometimes outpace ethical considerations. En route to an aggregate settlement, plaintiffs and defendants are free to negotiate a resolution without judicial supervision. Attorneys beware; this route may lead to catastrophe for those not apprised of the ethical implications that arise during all phases of settling in the aggregate.