The BP fund has brought tort resolution trusts far more into the public eye. This new article from David Bario at the NLJ highlights some of the issues involved in creating an interesection between trust claims and tort system claims. As to BP, some of those issues arise from the assertion of claims against Transocean.
The article also illustrates the reality that any set of mass tort claims involve myriad factions of lawyers, and battles for control of the message on the perceived or actual fairness of the process. As the article demonstrates, the process includes additional complexity when a private trust is run by high profile person, such as Ken Feinberg.