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Under Cloak Of Settlement, Susan P. Koniak
Under Cloak Of Settlement, Susan P. Koniak
Faculty Scholarship
In this Article, we discuss examples of class action settlements in which the conduct allegedly engaged in by class counsel-and in some instances by the defendants and their lawyers--could constitute a civil wrong or a criminal act under state or federal law, but a court nevertheless blessed the conduct by approving the settlement. We argue that the findings made by federal and state courts in blessing these settlements, namely, findings on the adequacy of class counsel, the lack of collusion between class counsel and the defendants, and the fairness of the settlement terms, should not immunize the conduct of the …
Class Action Against Class Counsel, Susan P. Koniak
Class Action Against Class Counsel, Susan P. Koniak
Faculty Scholarship
These remarks are based on a paper that I wrote with Professor George Cohen of the University of Virginia Law School, which is entitled, "Under Cloak of Settlement."' What we mean by that is that in the class action settlement process some illegal cesspool-like activity is occurring. We believe some lawyers are committing fraud, committing gross malpractice, committing violations of the antitrust laws, and that this behavior is going unregulated, unpunished and unchecked by law