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Brief Of Complex Litigation Law Professors As Amici Curiae In Support Of Respondent, Myriam E. Gilles
Brief Of Complex Litigation Law Professors As Amici Curiae In Support Of Respondent, Myriam E. Gilles
Faculty Amicus Briefs
The amici are law professors who teach and write in the field of federal civil procedure and complex litigation. Amici share an interest in presenting this Court with an impartial view on the function of the class action and its relationship to the law of Article III justiciability to inform the question presented in this case.
A Fiduciary Judge's Guide To Awarding Fees In Class Actions, Brian T. Fitzpatrick
A Fiduciary Judge's Guide To Awarding Fees In Class Actions, Brian T. Fitzpatrick
Vanderbilt Law School Faculty Publications
It is often said that judges act as fiduciaries for the absent class members in class action litigation. If we take this seriously, how then should judges award fees to the lawyers who represent these class members? The answer is to award fees the same way rational class members would want if they could do it on their own. In this Essay, I draw on economic models and data from the market for legal representation of sophisticated clients to describe what these fee practices should look like. Although more data from sophisticated clients is no doubt needed, what we do …