Abstract

http://ssrn.com/abstract=11416
 


 



The Past and Future of Defendant and Settlement Classes in Collective Litigation


Stephen C. Yeazell


University of California, Los Angeles (UCLA) - School of Law


in the Arizona Law Review, Vol. 37, No. 4 (1997).

Abstract:     
The current discussion of the settlement class assumes the device to be quite novel. That assumption of novelty is accurate only from a narrow point of view. From a slightly broader perspective, however, the settlement class resembles the defendant class actions common in medieval and early modern periods. During those periods, group litigation did not function as a device that systematically empowered plaintiffs. Only in the last few decades has the class action operated in this party-asymmetrical way. The settlement class changes that dynamic; this change, as much as anything else, explains that furor that has accompanied the settlement class. In effect defendants are turning the class action against plaintiff. From the standpoint of procedural theory, such a turn is not itself illegitimate. If one could free the settlement class from the justified concerns about lawyer-client conflict, it might serve adjudicatory efficiency and clarify procedural thought.

JEL Classification: K41

Accepted Paper Series





Not Available For Download

Date posted: October 17, 1997  

Suggested Citation

Yeazell, Stephen C., The Past and Future of Defendant and Settlement Classes in Collective Litigation. in the Arizona Law Review, Vol. 37, No. 4 (1997).. Available at SSRN: http://ssrn.com/abstract=11416

Contact Information

Stephen Yeazell (Contact Author)
University of California, Los Angeles (UCLA) - School of Law ( email )
405 Hilgard Avenue
Box 951476 P.O. Box 951476
Los Angeles, CA 90095-1476
United States
310-825-8404 (Phone)
310-206-0158 (Fax)
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