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Articles 1 - 5 of 5
Full-Text Articles in Legal Remedies
Clear Sailing Agreements: A Special Form Of Collusion In Class Action Settlements, William D. Henderson
Clear Sailing Agreements: A Special Form Of Collusion In Class Action Settlements, William D. Henderson
Articles by Maurer Faculty
A clear sailing agreement (or clause) is a compromise in which a class action defendant agrees not to contest the class lawyer's petition for attorneys' fees. This Article argues that clear sailing provisions often facilitate collusive settlements in cases involving non-pecuniary relief or claims-made common funds that return all unclaimed monies to the defendant. Because these types of settlements present difficult valuation problems, trial courts lack a clear benchmark for calculating attorneys' fees. Defendants and class can exploit this uncertainty by presenting an inflated settlement value to the court (to justify higher attorneys' fees) while simultaneously reducing the true cost …
Book Review. The Premature Burial Of The Irreparable Injury Rule, Gene R. Shreve
Book Review. The Premature Burial Of The Irreparable Injury Rule, Gene R. Shreve
Articles by Maurer Faculty
No abstract provided.
The Conjurer's Circle--The Fifth Amendment Privilege In Civil Cases, Robert H. Heidt
The Conjurer's Circle--The Fifth Amendment Privilege In Civil Cases, Robert H. Heidt
Articles by Maurer Faculty
No abstract provided.
A "Pragmatic Definition" Of The "Cause Of Action"?, Bernard C. Gavit
A "Pragmatic Definition" Of The "Cause Of Action"?, Bernard C. Gavit
Articles by Maurer Faculty
No abstract provided.
Garnishment Of Alimony, Fowler V. Harper
Garnishment Of Alimony, Fowler V. Harper
Articles by Maurer Faculty
No abstract provided.