2008eYLS (Yale Law School)Requires access

Class Settlements under Attack

Samuel Issacharoff, Richard A. Nagareda

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Abstract

The article focuses on a second and less explored consequences of the fact of settlement over trial as the primary form of case resolution. It attempts to provide a cohesive framework for establishing the finality of class actions under the real-world conditions of settlement. Further, it argues the policy implications of collateral challenge raise many of the same concerns as animated the U.S. Class Action Fairness Act of 2005.

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What this paper is about

The article focuses on a second and less explored consequences of the fact of settlement over trial as the primary form of case resolution. It attempts to provide a cohesive framework for establishing the finality of class actions under the real-world conditions of settlement. Further, it argues the policy implications of collateral challenge raise many of the same concerns as animated the U.S. Class Action Fairness Act of 2005.

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Available abstract

The article focuses on a second and less explored consequences of the fact of settlement over trial as the primary form of case resolution. It attempts to provide a cohesive framework for establishing the finality of class actions under the real-world conditions of settlement. Further, it argues the policy implications of collateral challenge raise many of the same concerns as animated the U.S. Class Action Fairness Act of 2005.

Key concepts: Class action, Settlement (finance), Class (philosophy), Suspect, Political science, Law, Human settlement, Action (physics)

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