Law professor Howard Erichson says no in his new article "The Problem of Settlement Class Actions." Here is the abstract:
This
article argues that class actions should never be certified solely for
purposes of settlement. Contrary to the widespread “settlement class
action” practice that has emerged in recent decades, contrary to current
case law permitting settlement class certification, and contrary to
recent proposals that would extend and facilitate settlement class
actions, this article contends that settlement class actions are
ill-advised as a matter of litigation policy and illegitimate as a
matter of judicial authority. This is not to say that disputes should
not be resolved on a classwide basis, or that class actions should not
be resolved by negotiated resolutions. Rather, this article contends
that if a dispute is to be resolved on a classwide basis, then the
resolution should occur after a court has found the matter suitable for
classwide adjudication regardless of settlement.
