Principles Of Aggregate Litigation

There’s a new draft of the ALI’s Principles of Aggregate Litigation in circulation. And, like all the others, you’ll have to buy it from the ALI. Make sure you ask for Council Draft #2, or you’ll be wasting your money on a superseded version.

We’ve provided you with our views – and gripes –

Usually, we comment on stuff that affects us.

That’s way too limiting.

Today, we’re going to comment on something that doesn’t affect us at all.

Here’s the spat, which we both observed last week at the annual meeting of the American Law Institute: Historically, the decision whether to settle a lawsuit has been reserved exclusively

We’ve been thinking again about the American Law Institute’s “Principles of the Law of Aggregate Litigation,” in part because we’ll be asked to vote on whether to accept the draft at the ALI’s annual meeting in May.

The draft is long and says many things.

One thing that it says, however, is this:

To facilitate

We here at the Drug and Device Law Blog haven’t always been kind to the work product produced by the American Law Institute. We’ve haven’t hesitated to criticize drafts of the “Principles of the Law of Aggregate Litigation” — for example, here and here.

Today, we’re striking a different tune.

Although we’re both members

You’d probably expect that two guys whose idea of recreation includes commenting on drug and medical device product liability litigation would be members of the American Law Institute – and you’d be right. We both are ALI members, and it’s an outstanding organization through which many really smart and really dedicated people to donate huge