December 19, 2023Journals

Conquering the Chaos of Uncertainty: The Role of Legal Representatives in Protecting the Due Process Rights of Future Claimants in Mass Tort Cases

Delaware Law Review, Vol. 18, No. 2

Traditional chapter 11 bankruptcy proceedings are not adequately equipped to handle mass tort liabilities arising from latent injuries. A solution has emerged from section 524(g) of the Bankruptcy Code and related precedent in the form of the future claimants’ representative or “FCR.” The FCR acts as a representative for future claimants who would otherwise be unable to seek recovery through bankruptcy proceedings. This article argues that the FCR—along with the establishment of a channeling injunction and settlement trust—is an effective and elegant solution for both future claimants and debtors in mass tort bankruptcies.   READ ARTICLE IN ITS ENTIRETY