1 - 10 of 14 articles
Abstract Given a string of decisions restricting the use and availability of the class action device, the world of mass litigation may well be moving into a post-class action era. In this era, newer devices of aggregation—perhaps principally among them multi-district litigation...
Abstract Professor Glover has argued that federal multidistrict litigation would benefit from the use of full state test cases in determining the settlement value of the litigation. This comment briefly explains why federal bellwether trials—at least before judges and juries of transferor...
Abstract The history of insolvency schemes as mass tort resolution devices is generally said to begin with the asbestos bankruptcies of the 1980s. This Article brings to light a much earlier example of the resolution of mass tort claims through another insolvency scheme—the equity...
Abstract When a defendant sets up a private voluntary compensation scheme or includes an arbitration clause in its form contracts, the resulting alternative dispute resolution (ADR) system bears striking resemblance to the typical endpoint of class action litigation—a settlement that sets up an...
Abstract In his interesting and important article, “Settlement, ADR, and Class Action Superiority,” Professor Rave argues that courts should review private ADR schemes established to compensate for mass harms before denying certification of subsequently filed class actions. This Comment makes...
Abstract In Mass Torts in a World of Settlement , Richard Nagareda noted the importance of the highly specialized bar in creating the existing multidistrict litigation (MDL) landscape. In fact, Nagareda argues that mass torts “accentuate the role of lawyers as agents” who make and enforce a...
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