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How Valuable Are Negative Value Claims?

How Valuable Are Negative Value Claims? doi 10.1515/jtl-2014-0008 Journal of Tort Law 2012; 5(1-2): 137­139 Comment Emery G. Lee III* *Corresponding author: Emery G. Lee III, Federal Judicial Center, Washington, DC, USA, E-mail: elee@fjc.gov Professor Rave's Article, "Settlement, ADR, and Class Action Superiority," brings together several trends in aggregate litigation--or more precisely, trends away from aggregate treatment of litigation--in a thoughtful and thorough way. Certainly, AT&T Mobility LLC v. Concepcion1 marks a potentially radical change in the way consumer litigation will be conducted. One project I have been tangentially involved in is an examination of objector appeals to class settlements; almost all of these (that have been identified) are in consumer class actions. Only half in jest, I have suggested that the best solution would be to ignore the problem, because it is going to go away as consumer class actions themselves disappear. One topic that I hope Professor Rave pursues in future work is the procedural nature of these alternatives to the class action device, specifically with respect to when judicial scrutiny will be applied to the alternatives. Clearly, in the Aqua Dots2 voluntary-compensation-scheme scenario, judicial scrutiny occurs after putative class counsel files a motion to certify a class. But that means that, http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Journal of Tort Law de Gruyter

How Valuable Are Negative Value Claims?

Lee, Emery G.
Journal of Tort Law , Volume 5 – Jan 1, 2012
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Publisher
de Gruyter
Copyright
Copyright © 2012 by the
ISSN
2194-6515
eISSN
1932-9148
DOI
10.1515/jtl-2014-0008
Publisher site
See Article on Publisher Site

Abstract

doi 10.1515/jtl-2014-0008 Journal of Tort Law 2012; 5(1-2): 137­139 Comment Emery G. Lee III* *Corresponding author: Emery G. Lee III, Federal Judicial Center, Washington, DC, USA, E-mail: elee@fjc.gov Professor Rave's Article, "Settlement, ADR, and Class Action Superiority," brings together several trends in aggregate litigation--or more precisely, trends away from aggregate treatment of litigation--in a thoughtful and thorough way. Certainly, AT&T Mobility LLC v. Concepcion1 marks a potentially radical change in the way consumer litigation will be conducted. One project I have been tangentially involved in is an examination of objector appeals to class settlements; almost all of these (that have been identified) are in consumer class actions. Only half in jest, I have suggested that the best solution would be to ignore the problem, because it is going to go away as consumer class actions themselves disappear. One topic that I hope Professor Rave pursues in future work is the procedural nature of these alternatives to the class action device, specifically with respect to when judicial scrutiny will be applied to the alternatives. Clearly, in the Aqua Dots2 voluntary-compensation-scheme scenario, judicial scrutiny occurs after putative class counsel files a motion to certify a class. But that means that,

Journal

Journal of Tort Law – de Gruyter

Published: Jan 1, 2012

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