To be made effective, class action settlements must be negotiated fairly, be perceived as fair and reasonable by the settlement parties such that they agree to their terms and substance, and be characterized as fair, reasonable and adequate by a court at the occasion of a settlement approval hearing. But how is settlement fairness defined, in a collective litigation context? By which process is the evaluation of fairness made and the approval given by the court? What role does the court correspondingly have, in that context? This thesis explores the legal policy and reasoning behind the mandatory judicial approval of class settlements, the process by which it is sought and obtained, the currently relevant factors and indicia of settlement f...
In the following pages, we will briefly delineate the settlement process, enumerate the techniques c...
This Article begins, in Part I, with an overview of magistrate judges’ history and role generally, i...
The potential for attorneys to collude in reaching a settlement agreement arises in any large-scal...
In this paper, I describe the face of modern civil justice and discuss four paradoxes which justify ...
This article situates the action in ADR theory by viewing it as a hybrid process that draws on both ...
What can we learn from including class members’ voices in the process of approving settled class act...
As with unitary litigation, far more class actions in other jurisdictions settle than proceed to ful...
How much assistance should a trial judge provide a self-represented litigant [SRL] before the judge’...
Class actions are important and useful both to deter wrongful conduct and to provide compensation fo...
This paper is the Comment for a symposium on Individualized Justice, Mass Torts, and Settlement Cla...
his Article uses two recent decisions -one prohibiting incentive awards to class representatives and...
We first discuss what fairness may mean in the context of the dispute settlement process, noting the...
In her recent article, Professor Rhonda Wasserman argues that class action settlements that distribu...
Today, virtually everyone has a proposal for reforming class action litigation but both consensus ...
Richard Marcus and Jack Coffee argue that federal judges are relying on the class action rule (Feder...
In the following pages, we will briefly delineate the settlement process, enumerate the techniques c...
This Article begins, in Part I, with an overview of magistrate judges’ history and role generally, i...
The potential for attorneys to collude in reaching a settlement agreement arises in any large-scal...
In this paper, I describe the face of modern civil justice and discuss four paradoxes which justify ...
This article situates the action in ADR theory by viewing it as a hybrid process that draws on both ...
What can we learn from including class members’ voices in the process of approving settled class act...
As with unitary litigation, far more class actions in other jurisdictions settle than proceed to ful...
How much assistance should a trial judge provide a self-represented litigant [SRL] before the judge’...
Class actions are important and useful both to deter wrongful conduct and to provide compensation fo...
This paper is the Comment for a symposium on Individualized Justice, Mass Torts, and Settlement Cla...
his Article uses two recent decisions -one prohibiting incentive awards to class representatives and...
We first discuss what fairness may mean in the context of the dispute settlement process, noting the...
In her recent article, Professor Rhonda Wasserman argues that class action settlements that distribu...
Today, virtually everyone has a proposal for reforming class action litigation but both consensus ...
Richard Marcus and Jack Coffee argue that federal judges are relying on the class action rule (Feder...
In the following pages, we will briefly delineate the settlement process, enumerate the techniques c...
This Article begins, in Part I, with an overview of magistrate judges’ history and role generally, i...
The potential for attorneys to collude in reaching a settlement agreement arises in any large-scal...