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Selected Works

Sergio J. Campos

Selected Works

Torts

Articles 1 - 2 of 2

Full-Text Articles in Law

Mass Torts And Due Process, Sergio Campos Aug 2011

Mass Torts And Due Process, Sergio Campos

Sergio J. Campos

Almost all courts and scholars disfavor the use of class actions in mass tort litigation, since class actions infringe on each plaintiff's control, or autonomy, over the tort claim. The Supreme Court, in fact, has strongly suggested that protecting such litigant autonomy is a requirement of due process, and has done so in recent decisions concerning the class action, arbitration, preclusion law, and the Erie doctrine. In this article I argue that protecting litigant autonomy in the mass tort context is self-defeating, and, in the process, rethink basic tenets of procedural due process. Relying on recent property theory, I first …


Mass Torts And Due Process, Sergio J. Campos Aug 2011

Mass Torts And Due Process, Sergio J. Campos

Sergio J. Campos

Almost all courts and scholars disfavor the use of class actions in mass tort litigation, since class actions infringe on each plaintiff's control, or autonomy, over the tort claim. The Supreme Court, in fact, has strongly suggested that protecting such litigant autonomy is a requirement of due process, and has done so in recent decisions concerning the class action, arbitration, preclusion law, and the Erie doctrine. In this article I argue that protecting litigant autonomy in the mass tort context is self-defeating, and, in the process, rethink basic tenets of procedural due process. Relying on recent property theory, I first …