‘Questions of Funding and Compensation on the 50th Anniversary of Modern Class Actions’

Elizabeth Chamblee Burch, Publicly Funded Objectors, 19 Theoretical Inquiries in Law 47 (2018); Brian T Fitzpatrick, Can and Should the New Third-Party Litigation Financing Come to Class Actions?, 19 Theoretical Inquiries in Law 109 (2018). The modern class action turned fifty last year in the United States, and this year celebrates a quarter-century in Ontario, the first English-speaking province in Canada to enact class action legislation. On these anniversaries, scholars on both sides of the border, and around the world, are taking stock of class actions. A common theme in many of these discussions is whether class actions are achieving their intended purpose. Specifically, do they result in adequate compensation for class members? Or is the temptation for self-interest among plaintiffs’ counsel so great that the interests of class members are inevitably subservient? … (more)

[Jasminka Kalajdzic, JOTWELL, 1 June]

First posted 2018-06-01 12:14:06

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