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Optimal Class Size, Opt-Out Rights, And "Indivisible" Remedies, Jay Tidmarsh, David Betson
Optimal Class Size, Opt-Out Rights, And "Indivisible" Remedies, Jay Tidmarsh, David Betson
Jay Tidmarsh
Prepared for a Symposium on the ALI’s Aggregate Litigation Project, this paper examines the ALI’s proposal to permit opt-out rights when remedies and “divisible,” but not to permit them when remedies are “indivisible.” Starting from the ground up, the paper employs economic analysis to determine what the optimal size of a class action should be. We demonstrate that, in some circumstances, the optimal size of a class is a class composed of all victims, while in other cases, the optimal size is smaller. We further argue that courts should consider optimal class size in determining whether to certify a class, …
Acciones Colectivas Vs Cláusula De Arbitraje, Jorge E. De Hoyos Walther
Acciones Colectivas Vs Cláusula De Arbitraje, Jorge E. De Hoyos Walther
Jorge E De Hoyos Walther
Análisis de la resolución de la Suprema Corte de Justicia que permite la procedencia una accione colectiva, aun cuando las partes se hayan sometido al arbitraje.
Adequately Representing Groups, Elizabeth Chamblee Burch
Adequately Representing Groups, Elizabeth Chamblee Burch
Elizabeth Chamblee Burch
The Curse Of Bigness And The Optimal Size Of Class Actions, Alexandra Lahav
The Curse Of Bigness And The Optimal Size Of Class Actions, Alexandra Lahav
Alexandra D. Lahav
How big is too big when it comes to class actions? This short essay, written for the Vanderbilt Law Review En Banc roundtable on Dukes v. Wal-Mart Stores, Inc. examines that question. Size in itself should not be a barrier to certification, but courts may rightly be concerned with variation within the class. Variation causes manageability problems, but in some cases (like Dukes) variation can be managed within the class context by judicious use of statistical methods. I also demonstrate why the related argument that this class ought not be certified because it is too big and Wal-Mart will be …
Procedural Adequacy, Elizabeth Chamblee Burch
Procedural Adequacy, Elizabeth Chamblee Burch
Elizabeth Chamblee Burch
This short piece responds to Jay Tidmarsh’s article, Rethinking Adequacy of Representation, 87 Texas Law Review 1137 (2009). I explore Professor Tidmarsh’s proposed “do no harm” approach to adequate representation in class actions from a procedural legitimacy perspective. I begin by considering the assumption underlying his alternative, namely that in any given class action both attorneys and class representatives tend to act as self-interested homo economicus and we must therefore tailor the adequacy requirement to curb self-interest only in so far as it makes class members worse off than they would be with individual litigation. Adopting the “do no harm” …
An Historical Analysis Of The Binding Effect Of Class Suits, Geoffrey C. Hazard, John L. Gedid, Stephen Sowle
An Historical Analysis Of The Binding Effect Of Class Suits, Geoffrey C. Hazard, John L. Gedid, Stephen Sowle
John L. Gedid
No abstract provided.