At this point, I’m well aware that I tend to sound like an old crank when reviewing class action scholarship; much of it repeats the same old stuff, predicts the imminent demise of the class action in its current form, and looks at the same Supreme Court cases instead of digging into where the real
negotiation
The Ten Most Significant Class Action Cases of 2013
2013 did not offer the blockbuster docket in front of the Supreme Court that 2011 did, but that didn’t stop the Court from issuing a number of opinions whose effects will be felt for some time to come. In addition, a number of other courts took bold steps to either support or constrain class…
The Dark Side of Class Action Mediators
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…
The Real Problem with Settlement-Only Class Actions
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…
Don’t Ignore the Plaintiff – Critchfield Physical Therapy, PC v. Techhealth Inc.
Today’s case, Critchfield Physical Therapy, P.C. v. Techhealth, Inc., 2013 U.S. Dist. LEXIS 13440 (E.D. Mo. Feb. 1, 2013), is a short one, but it contains a valuable lesson.
Critchfield filed a class action against Techhealth. The basis of the lawsuit was not important enough for the court to mention in this opinion. What…
Negotiation Studies – Pirates!
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."…
Negotiation Studies – Three Quick Ideas
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…
Negotiation Studies – Incompletely Theorized Agreements
One of the unusual things about being an expat for a prolonged period of time is watching US news from the outside. Even though I have access to any number of American news outlets, being in a place where I am not surrounded by people who all share the same obsession with the 2012 Presidential…
Negotiation Studies – Negotiating Advice from James Madison
This week, one of the few sandwiched between Queen Elizabeth’s Diamond Jubilee and the yearly recurrence of the Fourth of July, this expat lawyer finds his thoughts turning to the founding of the United States. In particular, what a royal mess it might have been. After all, as a document, the constitution has lasted…
Negotiation Studies – Random Tips from Working Papers
Sometimes, I run across articles while researching that don’t justify a full-fledged post, but that do provide a few helpful nuggets. This week, I’m having just that issue. So here are three somewhat interesting ideas, with which you can do what you will.
How to manage your negotiating team. There’s not a lot groundbreaking…