Add to ORKGPrepared for a Symposium on the ALI’s Aggregate Litigation Project, this paper examines the ALI’s proposal to permit opt-out rights when remedies and “divisible,” but not to permit them when remedies are “indivisible.” Starting from the ground up, the paper employs economic analysis to determine what the optimal size of a class action should be. We demonstrate that, in some circumstances, the optimal size of a class is a class composed of all victims, while in other cases, the optimal size is smaller. We further argue that courts should consider optimal class size in determining whether to certify a class, and that there should be no opt-out right when a class is optimally sized. The ALI’s approach does not always lead to the most efficient...
Class action litigation has generated a series of recent Supreme Court decisions imposing greater fe...
This Note argues that one who opts out of a class action should not benefit from tolling for the tim...
Research focuses on the study of opt in, opt out and other mixed systems as models to collective red...
Prepared for a Symposium on the ALI’s Aggregate Litigation Project, this paper examines the ALI’s pr...
From breast implants to cigarettes, mass tort class actions are a prominent and controversial part o...
This paper studies the effects of allocation rules on the stability of mass tort class actions. I an...
This Article, prepared for a symposium on class actions, examines the problem of cy pres relief thro...
This Article addresses the ability of members who have opted out of a class action to assert offensi...
Federal class actions today follow an opt-out model: absent an affirmative request to opt out, a cla...
It is reasonable to expect that courts will demonstrate great solicitude for the recent innovation t...
This Article develops normative and doctrinal innovations to cope with a pivotal yet undertheorized ...
In large class litigation, courts often award judgments or make important decisions on the basis of ...
In 2002, the U.S. Supreme Court ruled in Devlin v. Scardelletti that objecting class members could a...
Although they promise better deterrence at a lower cost, class actions are infected with problems th...
In this Article, I consider whether limited generosity classes may be used to determine a defendan...
Class action litigation has generated a series of recent Supreme Court decisions imposing greater fe...
This Note argues that one who opts out of a class action should not benefit from tolling for the tim...
Research focuses on the study of opt in, opt out and other mixed systems as models to collective red...
Prepared for a Symposium on the ALI’s Aggregate Litigation Project, this paper examines the ALI’s pr...
From breast implants to cigarettes, mass tort class actions are a prominent and controversial part o...
This paper studies the effects of allocation rules on the stability of mass tort class actions. I an...
This Article, prepared for a symposium on class actions, examines the problem of cy pres relief thro...
This Article addresses the ability of members who have opted out of a class action to assert offensi...
Federal class actions today follow an opt-out model: absent an affirmative request to opt out, a cla...
It is reasonable to expect that courts will demonstrate great solicitude for the recent innovation t...
This Article develops normative and doctrinal innovations to cope with a pivotal yet undertheorized ...
In large class litigation, courts often award judgments or make important decisions on the basis of ...
In 2002, the U.S. Supreme Court ruled in Devlin v. Scardelletti that objecting class members could a...
Although they promise better deterrence at a lower cost, class actions are infected with problems th...
In this Article, I consider whether limited generosity classes may be used to determine a defendan...
Class action litigation has generated a series of recent Supreme Court decisions imposing greater fe...
This Note argues that one who opts out of a class action should not benefit from tolling for the tim...
Research focuses on the study of opt in, opt out and other mixed systems as models to collective red...