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Articles 1 - 22 of 22
Full-Text Articles in Law
The Problem With The “Non-Class” Class: An Urgent Call For Improved Gatekeepers In Merger Objection Litigation, Josh Molder
The Problem With The “Non-Class” Class: An Urgent Call For Improved Gatekeepers In Merger Objection Litigation, Josh Molder
Fordham Journal of Corporate & Financial Law
Until recently, class actions dominated merger objection litigation. However, plaintiff’s lawyers have constructed a “non-class” class where an individual suit can benefit from the leverage of a certified class without ever meeting the stringent class certification requirements of Federal Rules of Civil Procedure 23. This new development has initiated a shift in merger objection litigation where plaintiffs are increasingly filing individual suits instead of class actions. However, this shift has left shareholders vulnerable to collusive settlements because plaintiff’s attorneys have significant control over these suits and a strong incentive to settle quickly for a substantial fee. Additionally, corporate defendants are …
Can't Live With Them, Can't Live Without Them: How Mini-Cfpas And Surety Bonds Could Make A World With Debt Settlement Companies More Bearable, Jasmine S. Chean
Can't Live With Them, Can't Live Without Them: How Mini-Cfpas And Surety Bonds Could Make A World With Debt Settlement Companies More Bearable, Jasmine S. Chean
Fordham Journal of Corporate & Financial Law
Debt settlement companies can offer a simple and valuable means of resolving consumer debt. However, many debt settlement companies choose to engage in unfair, deceptive, or abusive acts and practices at the expense of desperate debt-ridden consumers, making it an unrealistic option of debt relief. Due to the unfair, deceptive, and abusive acts and practices by some debt settlement companies, the regulatory regime has been trending towards increased regulation. However, the lack of enforcement and severity of existing regulations causes persistent problems in the debt settlement industry, resulting in increased consumer debt instead of consumer debt relief. This Note advocates …
Saving Charitable Settlements, Christine P. Bartholomew
Saving Charitable Settlements, Christine P. Bartholomew
Fordham Law Review
This Article defies the conventional wisdom that all charitable distributions from a class action settlement fund are types of cy pres. Instead, it proposes a radical delineation between “cy pres remainders” (meaning settlement funds left over after individual monetary distributions) and “charitable settlements” (meaning money initially distributed to charities as part of class action settlements). While both have cy pres roots, these two settlement structures have been conflated, jeopardizing the potential utility of charitable settlements. After articulating more precise nomenclature for these distinct distribution methods, this Article justifies why we must preserve charitable settlements. This defense is particularly …
The Sec Adds A New Weapon: How Does The New Admission Requirement Change The Landscape?, Paul Radvany
The Sec Adds A New Weapon: How Does The New Admission Requirement Change The Landscape?, Paul Radvany
Faculty Scholarship
Over the past several years, the Securities and Exchange Commission (the “SEC”) has settled the vast majority of the cases it has brought. Some people have suggested, however, that settlements by public agencies such as the SEC should be scrutinized more closely. For instance, in a series of recent opinions, Judge Jed S. Rakoff of the Southern District of New York has “question[ed] the wisdom” of the SEC’s well-established practice of permitting defendants to enter into consent judgments while neither admitting nor denying the allegations. During the past two years, the SEC has implemented new policies that have altered its …
Some Thoughts About The Economics Of Settlement, John Bronsteen
Some Thoughts About The Economics Of Settlement, John Bronsteen
Fordham Law Review
No abstract provided.
Revisiting Against Settlement: Some Reflections On Dispute Resolution And Public Values, Amy J. Cohen
Revisiting Against Settlement: Some Reflections On Dispute Resolution And Public Values, Amy J. Cohen
Fordham Law Review
Critics of Owen Fiss’s famous 1984 Against Settlement widely assumed that he indicted alternative dispute resolution (ADR) as intrinsically incapable of promoting public values. This essay, however, suggests that Fiss offered a socially and historically contingent prediction about ADR’s potential to undermine popular commitments to redistributive justice during a period of intense economic liberalization in the United States. To support this rereading, the essay considers how Fiss envisioned the promotion of public values in a different space and time—specifically in international contexts at the turn of this century. Here, he endorsed decentralized, deliberative, and extrajudicial processes, even if he did …
Three Things To Be Against ("Settlement" Not Included), Michael Moffitt
Three Things To Be Against ("Settlement" Not Included), Michael Moffitt
Fordham Law Review
No abstract provided.
Reexamining The Arguments In Owen M. Fiss, Against Settlement, Kenneth R. Feinberg
Reexamining The Arguments In Owen M. Fiss, Against Settlement, Kenneth R. Feinberg
Fordham Law Review
No abstract provided.
Trouble With All-Or-Nothing Settlements, The Symposium: Aggregate Justice: Perspectives Ten Years After Amchem And Ortiz, Howard M. Erichson
Trouble With All-Or-Nothing Settlements, The Symposium: Aggregate Justice: Perspectives Ten Years After Amchem And Ortiz, Howard M. Erichson
Faculty Scholarship
When defendants settle litigation involving multiple plaintiffs, they often insist that they will settle only if they obtain releases from all or nearly all of the plaintiffs in the group. If a defendant is going to spend money to resolve claims, it prefers to take its hit and move on. As one experienced settlement administrator puts it, when a defendant approaches plaintiffs' lawyers to discuss the settlement of a mass dispute, the "subject might be broached in various terms, [but] the underlying message is the same-'How much will it cost us to get out of all of these cases?" A …
Foreword: Reflections On The Adjudication-Settlement Divide, Howard M. Erichson
Foreword: Reflections On The Adjudication-Settlement Divide, Howard M. Erichson
Fordham Law Review
No abstract provided.
The Public Value Of Settlement, Samuel Issacharoff, Robert H. Klonoff
The Public Value Of Settlement, Samuel Issacharoff, Robert H. Klonoff
Fordham Law Review
No abstract provided.
Comments On Owen M. Fiss, Against Settlement (1984), Hon. Jack B. Weinstein
Comments On Owen M. Fiss, Against Settlement (1984), Hon. Jack B. Weinstein
Fordham Law Review
No abstract provided.
The History Of An Idea, Owen M. Fiss
Doing Their Jobs: An Argument For Greater Media Access To Settlement Agreements, Suzanna M. Meyers
Doing Their Jobs: An Argument For Greater Media Access To Settlement Agreements, Suzanna M. Meyers
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Tobacco Litigation And Attorneys' Fees, Daniel J. Capra, Lester Brickman, Michael Ciresi, Barbara S. Gillers, Robert Montgomery
The Tobacco Litigation And Attorneys' Fees, Daniel J. Capra, Lester Brickman, Michael Ciresi, Barbara S. Gillers, Robert Montgomery
Fordham Law Review
No abstract provided.
A Model For Arbitration: Autonomy, Cooperation And Curtailment Of State Power, Kenneth
A Model For Arbitration: Autonomy, Cooperation And Curtailment Of State Power, Kenneth
Fordham Urban Law Journal
As compared with the formal pleadings, massive discovery, aggressive motion practice, and endless appeals of litigation, arbitration is undoubtedly more efficient as a dispute resolution mechanism. However, efficiency is only one of many advantages of arbitration. Arbitration empowers disputing parties, promotes individual autonomy and cooperation, and curtails the power of government in the process. Still, the state should not wholly limit its involvement in arbitral processes; the courts do and should have a substantial role in determining the enforceability of arbitration agreements and awards in a few select contexts. Overall, courts should enforce arbitration agreements and only limit enforceability that …
Mass Tort Litigation And Inquisitorial Justice, Howard M. Erichson
Mass Tort Litigation And Inquisitorial Justice, Howard M. Erichson
Faculty Scholarship
In the past decade, settlement class actions have become increasingly popular in mass tort litigation, having been used successfully in cases such as the Dalkon Shield litigation, the Bjork-Shiley heart valve litigation, and the orthopedic bone screw litigation. Although the Supreme Court's opinion in Amchem has engendered some confusion over the continued viability of mass tort settlement class actions, it appears that such settlements remain a dominant approach to resolving mass tort lawsuits. With increasing frequency, plaintiffs and defendants come to court holding hands, and courts must launch their own vigorous inquiries into the merits of the parties' proffered settlement. …
Estimating Aggregate Damages In Class-Action Litigation Under Rule 10b-5 For Purposes Of Settlement, Jon Koslow
Estimating Aggregate Damages In Class-Action Litigation Under Rule 10b-5 For Purposes Of Settlement, Jon Koslow
Fordham Law Review
No abstract provided.
Settlement Pending Appeal: An Argument For Vacatur, Henry E. Klingeman
Settlement Pending Appeal: An Argument For Vacatur, Henry E. Klingeman
Fordham Law Review
No abstract provided.
Settlement Of Securities Litigation Through The Issuance Of Securities Without Registration: The Use Of Section 3(A)(10) In Sec Enforcement Proceedings, Seymour Glanzer, Howard Schiffman, Mark Packman
Settlement Of Securities Litigation Through The Issuance Of Securities Without Registration: The Use Of Section 3(A)(10) In Sec Enforcement Proceedings, Seymour Glanzer, Howard Schiffman, Mark Packman
Fordham Law Review
No abstract provided.
Thumbs In The Dike: Procedures To Contain The Flood Of Personal Injury Litigation, Josephine Y. King
Thumbs In The Dike: Procedures To Contain The Flood Of Personal Injury Litigation, Josephine Y. King
Fordham Law Review
No abstract provided.