July 27, 2017 - The article, "Avoiding The Rotten Compromise In Mass Litigations," by Ted Mayer and Robb Patryk was published in Law360.
"Beware of rotten compromises," Albert Einstein said.
Taking off from this attributed quotation, the Israeli scholar Avishai Margalit devoted an entire, thoughtful book to the distinction between justifiable and rotten compromises in international diplomacy. His fundamental thesis is that peace is worth significant sacrifice of opportunity, resources and even principle.
Yet he argues that there are some compromises that are inherently rotten and should not be made. As product liability lawyers on the defense side, we asked ourselves: What is a rotten compromise in the world of mass litigation over tort claims, and how can our clients be sure to avoid one?