Add to ORKGCommonality is a defining characteristic of mass-tort litigation. But mass-tort claimants typically do not share enough in common to warrant class certification. That is, commonality does not predominate. Yet, without class certification, judges cannot conclude these cases as a unit absent a private settlement. This paradox prompts two questions. First, what level of commonality justifies aggregating mass torts, shorn of Rule 23’s procedural protections? And, second, should the federal judicial system continue to centralize claims with nominal commonality when judges typically cannot resolve them collectively absent a private settlement? This Article’s title suggests one answer: if minimal commonality continues to justify collective litigat...
Aggregation has long been viewed as the primary if not sole vehicle for mass claims resolution. For ...
It is no secret that the current Supreme Court is hostile to class actions and other forms of group ...
Aggregation has long been viewed as the primary if not sole vehicle for mass claims resolution. For ...
Commonality is a defining characteristic of mass-tort litigation. But mass-tort claimants typically ...
Commonality is a defining characteristic of mass-tort litigation. But mass-tort claimants typically ...
This Article explores a central theme that ties together rationales to exit aggregation of tort clai...
The potential for attorneys to collude in reaching a settlement agreement arises in any large-scal...
The potential for attorneys to collude in reaching a settlement agreement arises in any large-scal...
Nonclass aggregate litigation is risky for plaintiffs: it falls into the gray area between individua...
It is the way of symposia that, after conveners assign topics for discussion, participants interpret...
It is the way of symposia that, after conveners assign topics for discussion, participants interpret...
The American legal system has witnessed a gradual, almost surreptitious, movement toward collective...
Nonclass aggregate litigation is risky for plaintiffs: it falls into the gray area between individua...
Nonclass aggregate litigation is risky for plaintiffs: it falls into the gray area between individua...
A prerequisite to being certified as a class under Rule 23 of the Federal Rules of Civil Procedure i...
Aggregation has long been viewed as the primary if not sole vehicle for mass claims resolution. For ...
It is no secret that the current Supreme Court is hostile to class actions and other forms of group ...
Aggregation has long been viewed as the primary if not sole vehicle for mass claims resolution. For ...
Commonality is a defining characteristic of mass-tort litigation. But mass-tort claimants typically ...
Commonality is a defining characteristic of mass-tort litigation. But mass-tort claimants typically ...
This Article explores a central theme that ties together rationales to exit aggregation of tort clai...
The potential for attorneys to collude in reaching a settlement agreement arises in any large-scal...
The potential for attorneys to collude in reaching a settlement agreement arises in any large-scal...
Nonclass aggregate litigation is risky for plaintiffs: it falls into the gray area between individua...
It is the way of symposia that, after conveners assign topics for discussion, participants interpret...
It is the way of symposia that, after conveners assign topics for discussion, participants interpret...
The American legal system has witnessed a gradual, almost surreptitious, movement toward collective...
Nonclass aggregate litigation is risky for plaintiffs: it falls into the gray area between individua...
Nonclass aggregate litigation is risky for plaintiffs: it falls into the gray area between individua...
A prerequisite to being certified as a class under Rule 23 of the Federal Rules of Civil Procedure i...
Aggregation has long been viewed as the primary if not sole vehicle for mass claims resolution. For ...
It is no secret that the current Supreme Court is hostile to class actions and other forms of group ...
Aggregation has long been viewed as the primary if not sole vehicle for mass claims resolution. For ...