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Class Action Countermeasures Discussions of the Strategic Considerations Involved In Class Action Defense

Tag Archives: classic scholarship

Classic Scholarship – Class Action Cops

Posted in Lawyers

For the last six or seven years, a growing academic literature has put forward the argument that the primary justification for class actions is not to compensate absent class members, but to deter corporate wrongdoing. That justification has formed the basis of a number of arguments, from Professor Fitzpatrick’s proposal that class action attorneys earn… Continue Reading

Classic Scholarship – Naming, Blaming & Claiming

Posted in Lawyers

This month’s piece of classic scholarship comes from the sociology of law. Thirty years ago, William L.F. Felstiner, Richard L. Abel, and Austin Sarat published a piece in the Law & Society Review titled "The Emergence and Transformation of Disputes: Naming, Blaming, Claiming …"  The authors wanted to trace how experiences transform into legal disputes. And they… Continue Reading

Classic Scholarship – Taking Adequacy Seriously

Posted in Certification

Today’s piece of "classic" scholarship is by Linda Mullenix, Professor of Law at the University of Texas. Published in 2004, Taking Adequacy Seriously: The Inadequate Assessment of Adequacy in Litigation & Settlement Classes, 57 Vand. L. Rev. 1687 (2004), took an in-depth look at the routine under-enforcement of Rule 23(a)(4)’s adequacy requirement. To put the… Continue Reading

Classic Scholarship – Nonpecuniary Class Action Settlements

Posted in Settlement

 This month’s look at "classic" class action scholarship focuses on the article Nonpecuniary Class Action Settlements by Geoffrey Miller and Lori Singer. Like the name suggests, nonpecuniary settlements are settlements that don’t require cash payments to the absent class members. According to Miller and Singer, they include: Coupon settlements. Monitoring settlements, "where the defendant endows… Continue Reading

Classic Scholarship – The Challenge of the Mass Trial

Posted in Strategy

This week, we begin a new feature at Class Action Countermeasures. Much as I occasionally look at classic class-action cases, I’m also going to look at classic scholarship once per month. That scholarship will have to have some connection to class actions or other kinds of aggregated litigation. And I’ll be mining these articles for… Continue Reading