31 Pepp. L. Rev. 203 (2003-2004)
Asbestos Litigation and Bankruptcy: A Case Study for Ad Hoc Public Policy Limitations on Joint and Several Liability

handle is hein.journals/pepplr31 and id is 213 raw text is: Asbestos Litigation and Bankruptcy:
A Case Study for Ad Hoc Public
Policy Limitations on Joint and
Several Liability
Richard L. Cupp, Jr.*
TABLE OF CONTENTS
1. THE ASBESTOS CRISIS
I1. JOINT AND SEVERAL LIABILITY: A POLICY-DRIVEN CREATION
OF THE COURTS
III. PUBLIC POLICY IMPLICATIONS OF ALLOWING JOINT AND
SEVERAL LIABILITY TO APPLY TO ASBESTOS LITIGATION AND
POTENTIAL SOLUTIONS
A. Chapter 11 Bankruptcies Cause Particularly Significant
Societal Harm in the Context of Asbestos Litigation
B. The Case for Treating Joint and Several Liability Uniquely
in Peripheral Defendant Asbestos Litigation
IV. CONCLUSION

203

* Professor of Law & Associate Dean. Academics. Pepperdine University School of Law. I thank
the Coalition for Asbestos Justice, Inc. and the Pepperdine University School of Law for providing
separate research grants. and Heather Burgess (J.D. candidate, 2004) for her outstanding research
assistance.

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