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Remarks to the Institute for Law and Economic Policy

Abstract

Describing mass torts as a recent phenomenon that was not contemplated by Federal Rule of Civil Procedure 23, Judge Niemeyer, in an address to the Institute, explores the limitations of Rule 23. As chair of the Civil Rules Advisory Committee, which is working on Rule 23, Judge Niemeyer describes recently proposed changes to Rule 23. He concludes his remarks with the observation that rulemaking cannot solve Rule 23's shortcomings in addressing mass torts, and he proposes, for congressional enactment, the idea of a product bankruptcy which would provide for a petition for "Product Disassociation."

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39 Ariz. L. Rev. 719 (1997)

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Paul V. Niemeyer

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