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Full-Text Articles in Law

Foreign Antisuit Injunctions And The Settlement Effect, Connor Cohen Apr 2022

Foreign Antisuit Injunctions And The Settlement Effect, Connor Cohen

Northwestern University Law Review

International parallel proceedings, which are concurrent identical or similar lawsuits in multiple countries, often ask courts to balance efficiency and fairness against the speculative fear of insulting foreign nations. Some litigants abuse foreign duplicative litigation to exhaust their opponents’ resources and pressure them into settling out of court. This Note provides the first empirical evidence of such abuse of international parallel proceedings: when courts deny motions to enjoin foreign parallel litigation, the settlement rate rises significantly. Considering the results of this empirical project and its limitations, I encourage future studies on international parallel proceedings and settlement. I also argue for …


Jury Certification Of Federal Securities Fraud Class Actions, Thomas Kayes Jan 2015

Jury Certification Of Federal Securities Fraud Class Actions, Thomas Kayes

Northwestern University Law Review

The rough equivalence of certification and ultimate outcome is class action dogma. If certification is granted, then the plaintiff “wins” by settlement because the risk of incurring class-wide liability by going to trial is too great. If certification is denied, the defendant “wins” because the case may not be worth litigating without the possibility of a class-wide recovery. This Note is about where the dogma is wrong. There are now cases where a denial of certification, just like a grant, presents to the defendant the risk of incurring class-wide liability at trial. This is because those cases are capable of …