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The Coupon Quandry: Restructuring Incentives In Cafa Coupon Settlements, Michael Gallagher Ii
The Coupon Quandry: Restructuring Incentives In Cafa Coupon Settlements, Michael Gallagher Ii
Notre Dame Law Review
This Note proceeds in five parts. Part I provides a background of coupon settlements with special attention paid to the incentives of class counsel. Part II outlines CAFA’s relevant statutory provisions and examines them in light of the “Purposes” section in the statute and the Senate report accompanying the legislation—the most illuminating indicia of legislative intent. Part III examines the rationale supporting both cases in the circuit split and the implications behind both interpretive regimes. Part IV argues that the Seventh Circuit has the better legal argument for two reasons: (1) its strong textual argument; and (2) its support found …