Abstract

http://ssrn.com/abstract=2277562
 


 



The Economics of Class Actions and Class Action Waivers


Keith N. Hylton


William Fairfield Warren Distinguished Professor, Boston University; Professor of Law, Boston University School of Law

July 1, 2013

Boston Univ. School of Law, Law and Economics Research Paper No. 13-22

Abstract:     
Class action litigation has generated a series of recent Supreme Court decisions imposing greater federal court supervision over the prosecution of collective injury claims. This group of cases raises the question whether class action waivers should be permitted on policy grounds. I examine the economics of class actions and waivers in this paper. I distinguish between the standard one-on-one litigation environment and the class action environment. In the standard environment, waivers between informed agents enhance society’s welfare. In the class action environment, in contrast, not all waivers are likely to enhance society’s welfare.

Number of Pages in PDF File: 35

Keywords: class action, class action waivers, economics of class actions, economics of class action waivers

JEL Classification: K00, K13, K49

working papers series


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Date posted: June 11, 2013 ; Last revised: December 18, 2013

Suggested Citation

Hylton, Keith N., The Economics of Class Actions and Class Action Waivers (July 1, 2013). Boston Univ. School of Law, Law and Economics Research Paper No. 13-22. Available at SSRN: http://ssrn.com/abstract=2277562 or http://dx.doi.org/10.2139/ssrn.2277562

Contact Information

Keith N. Hylton (Contact Author)
William Fairfield Warren Distinguished Professor, Boston University ( email )
595 Commonwealth Avenue
Boston, MA 02215
United States
617-353-8959 (Phone)
Professor of Law, Boston University School of Law ( email )
765 Commonwealth Avenue
Boston, MA 02215
United States
617-353-8959 (Phone)
617-353-3077 (Fax)
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