Batching

A batching provision provides that where a threshold number of similar demands is filed by coordinated counsel, only a specified number will proceed at any one time — ten, twenty-five, fifty — with subsequent tranches following as earlier ones resolve. The drafting purpose is to convert a single catastrophic fee event into a manageable series. The litigation risk is arithmetical: courts now compute how long a given inventory would take to clear, and batching clauses that produce multi-decade or multi-century queues have been struck as substantively unconscionable, particularly where no outer time limit and no tolling protect claimants waiting in line.