Document Type
Article
Publication Date
2008
ISSN
1944-3706
Publisher
Southwestern Law School
Language
en-US
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.
Recommended Citation
Keith N. Hylton,
Asbestos and Mass Torts with Fraudulent Victims
,
in
37
Southwestern Law Review
575
(2008).
Available at:
https://scholarship.law.bu.edu/faculty_scholarship/670
Working paper available on SSRN
Comments
Updated with published version of paper on 9/23/22
Working paper available on SSRN