Asbestos and Mass Torts with Fraudulent Victims
Keith N. Hylton
Boston University School of Law Working Paper 08-05
Abstract
Deterrence and compensation goals should be distinguished, and compensation priorities should change in response to the deterrence goal. This has immediate implications for the problem of handling marginal and fraudulent claims in asbestos litigation. Where the deterrence goals come to the forefront, for example in instances of reckless exposure, it may be desirable for courts to require defendants to pay damages that are not transferred to any claimants. Where the deterrence goals are less compelling, as in instances of ordinary negligence, the importance of weeding out marginal and fraudulent claims becomes paramount. I consider optimal penalties for attorneys who bundle fraudulent claims.
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Suggested Citation:
Keith N. Hylton, "Asbestos and Mass Torts with Fraudulent Victims " forthcoming in The Southwestern Law Review, "Perspectives on Asbestos Litigation" Symposium..
Contact Information
Keith N. HyltonBoston University School of Law
765 Commonwealth Avenue
Boston, MA 02215