Add to ORKGClass 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 consumer protection and rights enforcement. This Article explores how class action settlements sometimes do the opposite. Aggregation empowers claimants’ lawyers by consolidating power in the lawyers’ hands. Consolidation of power allows defendants to strike deals that benefit themselves and claimants’ lawyers while disadvantaging claimants. This Article considers the phenomenon of aggregation as disempowerment by looking at specific settlement features that benefit plaintiffs’ counsel a...
This Article describes the evolution of the perception of the modern class action from populist darl...
This Article identifies a market-based solution for monitoring large-scale litigation proceeding out...
As class-action theorists, we sometimes focus so heavily on the class certification threshold that w...
Class action critics and proponents cling to the conventional wisdom that class actions empower clai...
The potential for attorneys to collude in reaching a settlement agreement arises in any large-scal...
This Article uses two recent decisions — one prohibiting incentive awards to class representatives a...
Over the past two decades, courts and commentators have often treated the class action as though it ...
Class actions are important and useful both to deter wrongful conduct and to provide compensation fo...
Today, virtually everyone has a proposal for reforming class action litigation but both consensus ...
It is odd, considering how often lawyers engage in aggregate settlements, that no one seems able to ...
In ordinary litigation, parties often have different resources to devote to their lawsuit. This is a...
This Article develops normative and doctrinal innovations to cope with a pivotal yet undertheorized ...
Commercial actors long have argued that class actions are bad for business. But for even longer, bus...
Aggregate litigation’s potential as a tool for the disempowered is not being realized. Class actions...
Aggregation has long been viewed as the primary if not sole vehicle for mass claims resolution. For ...
This Article describes the evolution of the perception of the modern class action from populist darl...
This Article identifies a market-based solution for monitoring large-scale litigation proceeding out...
As class-action theorists, we sometimes focus so heavily on the class certification threshold that w...
Class action critics and proponents cling to the conventional wisdom that class actions empower clai...
The potential for attorneys to collude in reaching a settlement agreement arises in any large-scal...
This Article uses two recent decisions — one prohibiting incentive awards to class representatives a...
Over the past two decades, courts and commentators have often treated the class action as though it ...
Class actions are important and useful both to deter wrongful conduct and to provide compensation fo...
Today, virtually everyone has a proposal for reforming class action litigation but both consensus ...
It is odd, considering how often lawyers engage in aggregate settlements, that no one seems able to ...
In ordinary litigation, parties often have different resources to devote to their lawsuit. This is a...
This Article develops normative and doctrinal innovations to cope with a pivotal yet undertheorized ...
Commercial actors long have argued that class actions are bad for business. But for even longer, bus...
Aggregate litigation’s potential as a tool for the disempowered is not being realized. Class actions...
Aggregation has long been viewed as the primary if not sole vehicle for mass claims resolution. For ...
This Article describes the evolution of the perception of the modern class action from populist darl...
This Article identifies a market-based solution for monitoring large-scale litigation proceeding out...
As class-action theorists, we sometimes focus so heavily on the class certification threshold that w...