Law Commons^™

An Illusion Of Sacrifice: The Incompatibility Of Binding Stipulations In Cafa Cases , Ryan S. Killian

Pepperdine Law Review

Ever since the enactment of the Class Action Fairness Act of 2005 (“CAFA”), plaintiffs attorneys have sought to circumvent it. Because class certification is more difficult to obtain in federal court than it is in certain state courts, plaintiffs typically prefer to litigate in state court. One method of avoiding CAFA’s removal provision is to limit damages to less than $5 million, thus rendering the action too small to be subjected to the statute. And plaintiffs attorneys have proven willing to stipulate to such diminished damages even where the action is far more valuable. This Note examines whether such stipulations …

Taking Adequacy Seriously: The Inadequate Assessment Of Adequacy In Litigation And Settlement Classes, Linda S. Mullenix

Vanderbilt Law Review

In the past decade, the debate over settlement classes has moved considerably beyond the "sturm und drang" inspired by the epic settlement classes in Amchem Products, Incorporated. v. Windsor' and Ortiz v. Fibreboard Corporation. Whereas Amchem asked whether and on what terms federal courts were authorized to approve settlement classes, and Ortiz asked whether a mandatory, limited- fund global asbestos settlement was sustainable, the settlement class issue du jour focuses on the ability of litigants to collaterally attack settlements in remote forums and at remote times.

Because the collateral attack problem is so vital to the sanctity of settlement classes, …

"Go Pick A Client" - And Other Tales Of Woe Resulting From The Selection Of Class Counsel By Court-Ordered Competitive Bidding, Fred B. Burnside

Fordham Journal of Corporate & Financial Law

No abstract provided.

Class Dismissed: The Conservative Class Action Revolution Of The Texas Supreme Court., Russell T. Brown

St. Mary's Law Journal

Historically, Texas plaintiffs enjoyed tremendous flexibility in gaining certification for class action lawsuits because of a liberal approach employed by Texas trial courts. Because certification assignment occurred early in the judicial proceedings, Texas case law encouraged trial courts to grant certification of a class. Putative classes chose to seek relief in state court because of the state’s lax view regarding class actions, particularly when compared to federal courts. Concerns arose throughout Texas about the growing liberal methodology courts used to evaluate putative classes during certification. Federal influence, state lobbies, and legislative pressure led the Texas judiciary, through application of the …