Russell M. Gold of NYU and Wake Forest has written Compensation's Role in Deterrence, forthcoming in 91 Notre Dame Law Review (2016). Here is the abstract: There are plenty of non-economic reasons to care whether victims are compensated in class actions. The traditional law and economics view, however, is that when individual claim values are […]
Category Archives: Class Actions
Howard M. Erichson of Fordham has written Aggregation as Disempowerment, 92 Notre Dame Law Review (Forthcoming). Here is the abstract: Class action critics and proponents cling to the conventional wisdom that class actions empower claimants. Critics complain that class actions over-empower claimants and put defendants at a disadvantage, while proponents defend class actions as essential to […]
Here. Because the Bureau usually combines field hearings with announcements of related developments, it is likely to announce its proposed arbitration rules that day.
Here. Excerpt: Greed is undermining class actions, according to Ted Frank, founder and director of the Center for Class Action Fairness in Washington. Consumer and other class settlements often pay more to trial lawyers than to their clients, Frank says, and he's devoted his professional life to fighting that trend. Frank is an objector—a lawyer […]
Here. Excerpt: [M]any of the Roberts Court’s most important business cases were decided by a 5–4 margin, with the five conservative Justices voting as a bloc. And, as [Vanderbilt law professor Brian] Fitzpatrick points out, “Scalia has done more than any other justice in making it difficult for consumers and employees to bring class-action suits. […]
Here. A heart-breaking story.
Elizabeth Chamblee Burch of Georgia and Margaret S. Williams of the Federal Judicial Center have written Repeat Players in Multidistrict Litigation: The Social Network. Here's the abstract: To promote pretrial efficiency, the Judicial Panel on Multidistrict Litigation has transferred 36 percent of the entire federal courts’ civil caseload to transferee judges for coordinated handling. Transferee […]
Here. (HT: Gregory Gauthier)