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Perhaps the most difficult problem in addressing mass torts is that
of future claimants. "Futures" are those who do not now have claims,
because injury has not been sufficiently manifested, but who may well
have claims in the future. The Supreme Court's decisions in Amchem
and Ortiz appear to have foredoomed any procedural mechanism by
which to resolve future claims. This, in return, will leave defendants in
mass tort cases with greatly reduced incentives to participate in mass
settlement. That implication makes the possibility of reforms in substantive
law perhaps more attractive. In addition, these decisions invite
further questions about the validity of class suit injunctions that
were adumbrated in Martin v. Wilks.

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