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Comment: A Distant Mirror: The Bill of Peace in Early American Mass Torts and Its Implications for Modern Class Actions

Abstract

This Comment examines several late 19th and early 20th century American cases on the "bill of peace," an equitable device that could be used in response to multiplicity of suits against a single defendant, and considers their implications for modern class actions. The bill of peace was used, albeit sparingly, to consolidate actions in some mass-tort litigation. The history both provides precedent for mass-tort defendants initiating joinder of numerous claims against them, and illustrates reasons for caution in the use of aggressive approaches to aggregation.

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39 Ariz. L. Rev. 711 (1997)

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Authors

Thomas D. Rowe Jr. (Duke University)

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