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Full-Text Articles in Law
Reforming The Consumer Class Action, Elizabeth Chamblee Burch
Reforming The Consumer Class Action, Elizabeth Chamblee Burch
Presentations and Speeches
Professor Elizabeth Chamblee Burch was part of a panel on Reforming the Consumer Class Action. This was part of a conference entitled: The Future of Class Action Litigation: A View From the Consumer Class that took place at the New York University School of Law on November 7, 2014
Facilitative Judging: Organizational Design In Mass-Multidistrict Litigation, Jaime Dodge
Facilitative Judging: Organizational Design In Mass-Multidistrict Litigation, Jaime Dodge
Scholarly Works
Faced with the emerging phenomenon of complex litigation—from school desegregation to mass torts—the judiciary of the last century departed from the traditional, purely adjudicative role in favor of managerial judging, in which they actively supervised cases and even became involved in settlement talks. I argue that a similar transition in judicial role is now occurring. I contend that transferee judges are now stepping back from active participation in settlement discussions but playing a far greater role in structuring and administering the litigation. This new judicial role focuses on facilitating the parties’ resolution of the case, whether through settlement or remand …
Remanding Multidistrict Litigation, Elizabeth Chamblee Burch
Remanding Multidistrict Litigation, Elizabeth Chamblee Burch
Scholarly Works
Multidistrict litigation has frequently been described as a “black hole” because transfer is typically a one-way ticket. The numbers lend truth to this proposition. As of 2010, the Judicial Panel on Multidistrict Litigation remanded only 3.425% of cases to their original districts. That number dwindled to 3.1% in 2012, and to a scant 2.9% in 2013. Retaining cases in hopes of forcing a global settlement can cause a constellation of complications. These concerns range from procedural justice issues over selecting a forum and correcting error, to substantive concerns about fidelity to state laws, to undermining democratic participation ideals fulfilled through …