Add to ORKGNonclass aggregate litigation is risky for plaintiffs: it falls into the gray area between individual litigation and certified class actions. Although scholars have formulated procedural protections for both extremes, the unique danger and allure posed by nonclass aggregation has been undertheorized, leaving mass tort claimants with inadequate safeguards. When hallmark features of mass torts include attenuated attorney-client relationships, numerous litigants, and the demise of adversarial legalism, the attorney-client relationship itself becomes another bargaining chip in the exchange of rights. This Article thus takes the initial steps toward advancing a cohesive theory of procedural justice in nonclass aggregation by exposing the problem...
It is the way of symposia that, after conveners assign topics for discussion, participants interpret...
It is odd, considering how often lawyers engage in aggregate settlements, that no one seems able to ...
Class action critics and proponents cling to the conventional wisdom that class actions empower clai...
Nonclass aggregate litigation is risky for plaintiffs: it falls into the gray area between individua...
In a post-Class Action Fairness Act world, the modern mass-tort class action is disappearing. Indeed...
The potential for attorneys to collude in reaching a settlement agreement arises in any large-scal...
Despite a rise in the number of personal-injury and product-liability cases consolidated through mul...
Large-scale litigation, such as the Vioxx, Zyprexa, and asbestos cases, breeds conflict. Conflicts...
The American legal system has witnessed a gradual, almost surreptitious, movement toward collective...
As class-action theorists, we sometimes focus so heavily on the class certification threshold that w...
When the same defendant harms many people in similar ways, a plaintiff’s ability to meaningfully par...
While aggregate litigation has become an integral part of the U.S. civil justice system, it is often...
No procedural topic has garnered more attention in the past fifty years than the class action and ag...
Commonality is a defining characteristic of mass-tort litigation. But mass-tort claimants typically ...
In the courts and in the academy, the ostensible commitment of American tort law to individualized j...
It is the way of symposia that, after conveners assign topics for discussion, participants interpret...
It is odd, considering how often lawyers engage in aggregate settlements, that no one seems able to ...
Class action critics and proponents cling to the conventional wisdom that class actions empower clai...
Nonclass aggregate litigation is risky for plaintiffs: it falls into the gray area between individua...
In a post-Class Action Fairness Act world, the modern mass-tort class action is disappearing. Indeed...
The potential for attorneys to collude in reaching a settlement agreement arises in any large-scal...
Despite a rise in the number of personal-injury and product-liability cases consolidated through mul...
Large-scale litigation, such as the Vioxx, Zyprexa, and asbestos cases, breeds conflict. Conflicts...
The American legal system has witnessed a gradual, almost surreptitious, movement toward collective...
As class-action theorists, we sometimes focus so heavily on the class certification threshold that w...
When the same defendant harms many people in similar ways, a plaintiff’s ability to meaningfully par...
While aggregate litigation has become an integral part of the U.S. civil justice system, it is often...
No procedural topic has garnered more attention in the past fifty years than the class action and ag...
Commonality is a defining characteristic of mass-tort litigation. But mass-tort claimants typically ...
In the courts and in the academy, the ostensible commitment of American tort law to individualized j...
It is the way of symposia that, after conveners assign topics for discussion, participants interpret...
It is odd, considering how often lawyers engage in aggregate settlements, that no one seems able to ...
Class action critics and proponents cling to the conventional wisdom that class actions empower clai...