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Full-Text Articles in Law

Never Settle For Second Best? Cy Pres Distributions In Securities Class Action Settlements, Brianna S. Hills Apr 2017

Never Settle For Second Best? Cy Pres Distributions In Securities Class Action Settlements, Brianna S. Hills

Missouri Law Review

There is an old adage that one should “never settle for second best.” While this advice is arguably well taken in most areas of life, it is less useful in settlement discussions. In 2015, more federal securities class actions were filed than during the height of the financial crisis in 2008, with more of those cases settling than in any year since 2011.1Consumer class action funds often go largely unclaimed, leaving settlement funds intended to compensate injured plaintiffs unused and undistributed


Cure For Collusive Settlements: The Case For A Per Se Prohibition On Pay-For-Delay Agreements In Pharmaceutical Patent Litigation, A , Michael Owens Nov 2013

Cure For Collusive Settlements: The Case For A Per Se Prohibition On Pay-For-Delay Agreements In Pharmaceutical Patent Litigation, A , Michael Owens

Missouri Law Review

This Comment will examine how the particulars of the Hatch-Waxman Act, the regulatory scheme that governs generic competition in pharmaceutical industry, gives rise to reverse settlements in infringement litigation; review existing analysis of the pay for delay problem in judicial decisions, in academic commentary, and amongst antitrust enforcement bodies; and finally, draw upon a decision theoretic framework to propose per se illegality as the appropriate antitrust rule for pay-for-delay settlements.


Why Should Businesses Hire Settlement Counsel, Kathy A. Bryan Jan 2008

Why Should Businesses Hire Settlement Counsel, Kathy A. Bryan

Journal of Dispute Resolution

As a former in-house litigation manager, I hired separate settlement counsel in only a few cases and with varying results. With responsibilities for hiring and managing a large portfolio of outside firms, I was loath to increase case-staffing ranks for many reasons-and cost was only one factor. Internal resources must oversee litigation, and having another set of outside lawyer relationships on the same case generally seemed duplicative. Worse, it demanded more of my scarce time to manage both the relationship and the primary litigation firm


Discord Behind The Table: The Internal Conflict Among Israeli Jews Concerning The Future Of Settlements In The West Bank And Gaza, Robert H. Mnookin, Ehud Eiran Jan 2005

Discord Behind The Table: The Internal Conflict Among Israeli Jews Concerning The Future Of Settlements In The West Bank And Gaza, Robert H. Mnookin, Ehud Eiran

Journal of Dispute Resolution

Our exclusive focus is on one of these conflicts-the profound internal rift among Israeli Jews over the Jewish settlements in the West Bank and Gaza. We are especially interested in the role of the national religious settlers and the Israeli government's response to them. These settlers lead the movement and are dominant actors in the internal conflict. The current controversies within Israel regarding Prime Minister Ariel Sharon's "unilateral initiative," which was not the product of a negotiation with Palestinians, demonstrate the importance of understanding the internal conflict within Israel and the dominant role of the leaders of the ...


Sacrificial Attorney: Assignment Of Legal Malpractice Claims, The, John M. Limbaugh Jan 2000

Sacrificial Attorney: Assignment Of Legal Malpractice Claims, The, John M. Limbaugh

Missouri Law Review

The Missouri Court of Appeals for the Western District of Missouri ruled, in a case of first impression, that causes of action for legal malpractice are nonassignable. The court found that permitting assignments would be contrary to public policy because assignments would create a marketplace for legal malpractice claims, jeopardize the attorney's duties of loyalty and confidentiality to the client, and restrict access to competent legal services. This Note agrees with the court's result but will explore and challenge the public policy arguments against assignment of legal malpractice claims.


When Your Rival Becomes Your Dance Partner: Mary Carter Agreements In Missouri Courts, Thomas G. Pirmantgen Jun 1999

When Your Rival Becomes Your Dance Partner: Mary Carter Agreements In Missouri Courts, Thomas G. Pirmantgen

Missouri Law Review

Mary Carter agreements2 occur when a plaintiff asserting liability against joint tortfeasors 3 enters into a settlement agreement with less than all of the defendants. The settling defendant, who remains a party at trial, obtains the possibility of offsetting her financial exposure depending on how much money the plaintiff recovers from the other defendants. These agreements pose a potential threat to the adversarial nature of the trial process. This threat is especially severe when the trier of fact is not apprised of the agreement.4 Although maintaining the adversarial character of judicial proceedings is a public policy deserving of protection ...


Post-Settlement Settlements: Agreeing To Make Resolutions Efficient, Robert W. Mendenhalt Jan 1996

Post-Settlement Settlements: Agreeing To Make Resolutions Efficient, Robert W. Mendenhalt

Journal of Dispute Resolution

The purpose of this article is to more fully describe the concept of postsettlement settlements, to discuss the assumptions upon which it is based, to critique the concept, and to make proposals that will assist third-party intervenors in achieving advantageous post-settlement settlements. Since the goal of post-settlement settlements is to increase conflicting parties' joint gains, the concept of joint gains must be first addressed.


Mini-Trial: Misunderstanding And Miscommunication May Short-Circuit Its Effective Use In Settlements - Lightwave Technologies, Inc. V. Corning Glass Works, The, Annie Billings Jul 1990

Mini-Trial: Misunderstanding And Miscommunication May Short-Circuit Its Effective Use In Settlements - Lightwave Technologies, Inc. V. Corning Glass Works, The, Annie Billings

Journal of Dispute Resolution

This Casenote will discuss the basic elements and appropriate uses of the mini-trial. It will also compare the mini-trial with other ADR processes and evaluate the advantages and disadvantages of using the mini-trial. Finally, this Casenote will analyze how the parties and their attorneys in the present case wrestled with an alleged agreement to settle their dispute through a mini-trial. Because one of the parties was never fully appraised of how the mini-trial would proceed, the process was aborted and settlement negotiations broke down.


Quality Of Settlements, The, Marc Galanter Jan 1988

Quality Of Settlements, The, Marc Galanter

Journal of Dispute Resolution

When I was a law student, some 30 years ago, I don't recall hearing much about settlement. I am sure that my teachers knew there were a lot of settlements, but they were not worthy of much attention. They were part of the realm of practical nuts and bolts detail that lay outside learning about the law; law school was about cases that were adjudicated.


Setback For The Public Policy Of Encouraging Settlements - Bank Of America National Trust & (And) Savings Association V. Hotel Rittenhouse Associates, A, Cynthia A. Deiters Jan 1988

Setback For The Public Policy Of Encouraging Settlements - Bank Of America National Trust & (And) Savings Association V. Hotel Rittenhouse Associates, A, Cynthia A. Deiters

Journal of Dispute Resolution

The advent of the "litigation explosion" has caused the legal community to adopt an alternative dispute-resolving policy of encouraging settlement negotiations. The Federal Rules of Evidence reflect this policy by expressly making evidence of settlement negotiations inadmissible at trial in an attempt to encourage frank discussion during settlement negotiations., In Bank of America National Trust & Savings Association v. Hotel Rittenhouse Associates,3 a majority decision by the Court of Appeals for the Third Circuit dealt this policy a crippling blow. The court held that the long-standing common law right of access to judicial records overcame this policy of encouraging settlements ...