Add to ORKGThis Article explores a central theme that ties together rationales to exit aggregation of tort claims: disaggregating helps to protect litigants’ substantive rights and furthers the public’s faith in a legitimate judicial system. Disaggregating promotes adjudication’s principal purpose, which is to produce outcomes that reflect parties’ substantive entitlements as defined by applicable state laws, but does so in a way that is procedurally fair and psychologically satisfying. Part I introduces the centralization paradox—the practice of centralizing claims before a single judge that the judge typically cannot resolve on an aggregate basis except through private settlement. As Part II elaborates, that practice is at odds with procedural right...
When the same defendant harms many people in similar ways, a plaintiff’s ability to meaningfully par...
While courts historically have taken a hands-off approach to settlement, judges across the legal spe...
Over the past decades, aggregate litigation has become more common; through various statutory, rule-...
Commonality is a defining characteristic of mass-tort litigation. But mass-tort claimants typically ...
Nonclass aggregate litigation is risky for plaintiffs: it falls into the gray area between individua...
The potential for attorneys to collude in reaching a settlement agreement arises in any large-scal...
Aggregation has long been viewed as the primary if not sole vehicle for mass claims resolution. For ...
It is the way of symposia that, after conveners assign topics for discussion, participants interpret...
In Disaggregative Mechanisms, Professor Jaime Dodge documents how corporate defendants increasingly ...
The American legal system has witnessed a gradual, almost surreptitious, movement toward collective...
No procedural topic has garnered more attention in the past fifty years than the class action and ag...
Although it is destined for the personal jurisdiction canon, the Supreme Court’s eight-to-one decisi...
Class action critics and proponents cling to the conventional wisdom that class actions empower clai...
In the courts and in the academy, the ostensible commitment of American tort law to individualized j...
A comment on Judith Resnik\u27s article on the aggregation of civil cases is presented. The goals of...
When the same defendant harms many people in similar ways, a plaintiff’s ability to meaningfully par...
While courts historically have taken a hands-off approach to settlement, judges across the legal spe...
Over the past decades, aggregate litigation has become more common; through various statutory, rule-...
Commonality is a defining characteristic of mass-tort litigation. But mass-tort claimants typically ...
Nonclass aggregate litigation is risky for plaintiffs: it falls into the gray area between individua...
The potential for attorneys to collude in reaching a settlement agreement arises in any large-scal...
Aggregation has long been viewed as the primary if not sole vehicle for mass claims resolution. For ...
It is the way of symposia that, after conveners assign topics for discussion, participants interpret...
In Disaggregative Mechanisms, Professor Jaime Dodge documents how corporate defendants increasingly ...
The American legal system has witnessed a gradual, almost surreptitious, movement toward collective...
No procedural topic has garnered more attention in the past fifty years than the class action and ag...
Although it is destined for the personal jurisdiction canon, the Supreme Court’s eight-to-one decisi...
Class action critics and proponents cling to the conventional wisdom that class actions empower clai...
In the courts and in the academy, the ostensible commitment of American tort law to individualized j...
A comment on Judith Resnik\u27s article on the aggregation of civil cases is presented. The goals of...
When the same defendant harms many people in similar ways, a plaintiff’s ability to meaningfully par...
While courts historically have taken a hands-off approach to settlement, judges across the legal spe...
Over the past decades, aggregate litigation has become more common; through various statutory, rule-...