Aggregate Settlement Allocation

Aggregate settlements are becoming increasingly common, particularly in class actions and multi-district litigations (MDLs). Pursuant to ABA Model Rule 1.8(g), as well as Model Rule 1.6(a), counsel involved in negotiating an aggregate settlement have particular ethical obligations. Once an aggregate settlement is reached, counsel should consider retaining a third-party neutral/special master for the job of allocating settlement funds.

Inherent in any aggregate settlement of claims is the concern that an individual plaintiff’s claim will not receive an equitable allocation. Given there is only one settlement pot, a lawyer allocating a larger amount to one individual client over another faces a potential conflict of interest challenge. To avoid this scenario, a third-party neutral/special master/adjudicator can substitute their Independent, neutral judgment as to a fair and equitable allocation for all plaintiffs to allay questions of unethical behavior in allocations.

Contact Corodemus & Corodemus

Settlement Negotiation

If one or both parties want to settle, we will find a way to get that done. Our help can be strategic or evaluative, as needed.

— Judge Marina Corodemus (Ret.)

Settlement negotiation is a type of ADR resolution that can be most helpful in the environmental and/or class actions areas. Of course, any size case dispute must be examined to discover the best method of resolution. At Corodemus & Corodemus, L.L.C., we will help explore which approach and techniques will be best for your case. This technique works well when combined with fact-finding services and/or special discovery master and/or mediation.

We may propose structures and strategies for settlement negotiations on the merits and on any subsidiary issues. We may also evaluate class action and individual claims as needed.

Case Evaluation and Strategy

While we are not advocates during litigation, we will evaluate a case and offer strategic advice on how a case or an approach may be modified for reaching a settlement. We will also advise clients on what to demand, what to counter demand, and when to accept a particular offer.

Nevertheless, our role remains that of a neutral.

We pledge our firm and our lawyers to be free of bias, prejudice, conflict or restrictions. We pledge to provide you with high-caliber, civil trial attorneys and retired mass tort judges who know the law, have knowledge of monetary values, are experienced in case management and have common sense. We will be honest, courteous and responsive to our clients’ needs.

Nationwide Neutral Services

To discuss your need for a third-party neutral, ADR expert, special master/adjudicator, or assistance with complex litigation management, please call or contact our law office for a preliminary discussion.