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

Tag Archives: negotiation

The Dark Side of Class Action Mediators

Posted in Scholarship, Settlement

Many observers of class actions (including me) have promoted the use of mediators in negotiating class action settlements. Properly used, a mediator can not only help the sides reach agreement, but also document that the process underlying the settlement was fair, reasonable, and adequate. Hamline Law School Professor James Coben has published an article taking a different… Continue Reading

The Real Problem with Settlement-Only Class Actions

Posted in Certification, Scholarship, Settlement

Fordham law professor Howard M. Erichson has a new paper up at SSRN on "The Problem of Settlement Class Actions."  Based on dicta in the Supreme Court’s opinion in Amchem Products, Inc. v. Windsor, courts have taken to certifying classes for settlement purposes only without worrying about "manageability," that is, whether the case could actually be… Continue Reading

Negotiation Studies – Pirates!

Posted in Settlement

As one might expect from a holiday week, last week produced few class action opinions.  On the other hand, the Economist had an excellent article on the peculiarities of bargaining with Somali pirates.  Based on two working papers in the past year, it examines "how two parties bargain when neither has good information available."  The… Continue Reading

Negotiation Studies – Three Quick Ideas

Posted in Settlement

 So, you may have noticed that posting has been slightly sporadic lately. There have been two big reasons for this: first, my daughter was born at the end of June, and blogging must sometimes give way to taking care of her; second, I have just delivered the manuscript for Betting the Company: Complex Negotiation Strategies… Continue Reading