As part of their attack on Rule 23 class certification, defendants have asserted various theories to support discovery of the representative plaintiffs\u27 financial resources. This Note examines the underlying reasons for these discovery requests and the mixed reactions of the federal courts. The author then advances an approach that balances the legitimate interests of both plaintiffs and defendants while not unduly discouraging class suits
I. Introduction II. Conflicts of Interest ... A. Factors Outside the Class Structure Which May Inter...
This year marks the fiftieth anniversary of the adoption of Federal Rule of Civil Procedure Rule 23,...
This Article identifies a market-based solution for monitoring large-scale litigation proceeding out...
As part of their attack on Rule 23 class certification, defendants have asserted various theories to...
This Note argues that a Rule 23 class action offers the best way to manage multiple actions for puni...
This article examines the financial implications of Federal Rule of Civil Procedure 23(a)(4) which r...
Ever since the enactment of the Class Action Fairness Act of 2005 (“CAFA”), plaintiffs attorneys hav...
This Article argues that in recent years courts have cut back sharply on plaintiffs’ ability to brin...
This Article discusses each of the thirteen Supreme Court decisions with the goal of drawing at leas...
I start from the view that small-value consumer claims are a primary reason that class actions exist...
Miller and Singer offer a theoretical and empirical analysis of nonpecuniary class action settlement...
This Article describes the evolution of the perception of the modern class action from populist darl...
This Note will discuss a lawsuit, brought on behalf of North Dakota insurance policyholders, which c...
Winner of THE DAVID WERNER AMRAM PRIZE, to the student who has written the best paper in civil proce...
An ever-increasing number of courts and commentators have advocated a simple solution to the seeming...
I. Introduction II. Conflicts of Interest ... A. Factors Outside the Class Structure Which May Inter...
This year marks the fiftieth anniversary of the adoption of Federal Rule of Civil Procedure Rule 23,...
This Article identifies a market-based solution for monitoring large-scale litigation proceeding out...
As part of their attack on Rule 23 class certification, defendants have asserted various theories to...
This Note argues that a Rule 23 class action offers the best way to manage multiple actions for puni...
This article examines the financial implications of Federal Rule of Civil Procedure 23(a)(4) which r...
Ever since the enactment of the Class Action Fairness Act of 2005 (“CAFA”), plaintiffs attorneys hav...
This Article argues that in recent years courts have cut back sharply on plaintiffs’ ability to brin...
This Article discusses each of the thirteen Supreme Court decisions with the goal of drawing at leas...
I start from the view that small-value consumer claims are a primary reason that class actions exist...
Miller and Singer offer a theoretical and empirical analysis of nonpecuniary class action settlement...
This Article describes the evolution of the perception of the modern class action from populist darl...
This Note will discuss a lawsuit, brought on behalf of North Dakota insurance policyholders, which c...
Winner of THE DAVID WERNER AMRAM PRIZE, to the student who has written the best paper in civil proce...
An ever-increasing number of courts and commentators have advocated a simple solution to the seeming...
I. Introduction II. Conflicts of Interest ... A. Factors Outside the Class Structure Which May Inter...
This year marks the fiftieth anniversary of the adoption of Federal Rule of Civil Procedure Rule 23,...
This Article identifies a market-based solution for monitoring large-scale litigation proceeding out...