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Civil Procedure

Pepperdine Law Review

2013

Class actions

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Full-Text Articles in Law

The Scope Of Discovery Of Legal Ethics In Class Action Litigation, Bernard W. Freedman May 2013

The Scope Of Discovery Of Legal Ethics In Class Action Litigation, Bernard W. Freedman

Pepperdine Law Review

No abstract provided.


An Illusion Of Sacrifice: The Incompatibility Of Binding Stipulations In Cafa Cases , Ryan S. Killian Jan 2013

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 …