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Lead Plaintiff Incentives In Aggregate Litigation, Charles R. Korsmo, Minor Myers
Lead Plaintiff Incentives In Aggregate Litigation, Charles R. Korsmo, Minor Myers
Vanderbilt Law Review
The lead plaintiff role holds out considerable promise in promoting the deterrence and compensation goals of aggregate litigation. The prevailing approach to compensating lead plaintiffs, however, provides no real incentive for a lead plaintiff to bring claims on behalf of a broader group. The policy challenge is to induce sophisticated parties to press claims not in their individual capacity but instead in a representative capacity, conferring a positive externality on all class members by identifying attractive claims, financing ongoing litigation, and managing the work of attorneys. We outline what an active and engaged lead plaintiff could add to the civil …
Will Aggregate Litigation Come To Europe?, Samuel Issacharoff, Geoffrey P. Miller
Will Aggregate Litigation Come To Europe?, Samuel Issacharoff, Geoffrey P. Miller
Vanderbilt Law Review
The current wave of deregulation and market liberalization in Europe has had major repercussions for the prospect of litigated forms of collective redress. Once decried as the perversity of rapacious Americans, class actions are now the focus of significant reform efforts in many European countries and even at the level of the European Union. There are, no doubt, many reasons for the relatively sudden attention to means of collective redress. Some have to do with the need to create effective ex post accountability mechanisms to contain the potential adverse effects of goods and services freely entering the market. Others seek …