More Justice for Less Money
提出一种改进的群体诉讼损害赔偿分配程序，通过原告提出索赔、被告选择试判案件的方式，利用试判案件的平均赔付率确定未试判案件的赔偿额，旨在更公平高效地分配赔偿金。
In Cimino v. Raymark, a court resolved 2,298 asbestos cases with 160 trials by grouping cases, trying a random sample of each group, and awarding all members of each group the average verdict. I propose an improved "I cut, you choose" version of the procedure designed to correctly allocate damages among plaintiffs. The plaintiffs' attorney presents a claim for what each plaintiff should get. The defense selects cases for trial. The average ratio of award to claim for tried cases is calculated. Each untried case receives that ratio times its claim. The plaintiffs' attorney will set claims proportional to expected awards in order to prevent the defense from selecting overclaimed cases for trial and thus driving down the award for untried cases. Potential problems are examined through a formal model. Modifications are suggested to adapt the procedure to situations involving a very large number of small cases.