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

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