“… This Article not only offers a solution to prevent public remedies from carrying over into private litigation, but it also explains why a solution is required to protect individuals from unfair and improper redress of claims. Part II reconciles the nuances between private law and public law. Through this recognition, it becomes evident that the two species of law cannot be comingled because the internal jurisprudence and procedural justification of tort law cannot withstand the merger. Part III explains the diminishing influence on the private law compensation paradigm, as applied to non-class aggregate settlements, because of the effect on this tort law standard by corrective justice and deterrence theorists. This section demonstrates how modern courts forsake the guarded paradigm of justice for private law to incorporate public law remedies. To prevent disparaging the model of private law remedies, Part IV explains the justification for judicial oversight to avoid the irregular practices of allowing non-victim-inclusive settlements in non-class aggregate cases. Following that justification, four recommendations are proposed for judges to use before accepting a settlement arrangement in private law non-class aggregate cases that contemplate pecuniary or non-pecuniary remedies for non-victims …”
€ (Lexis)
Victoria Duke, ‘A Silk Purse Does Not Come From a Sow’s Ear: Non-Class Aggregate Settlements Based on Public Law Erode the Model of Private Law Remedies’. Spring, 2012. 8 Seton Hall Circuit Review 309.
First posted 2012-10-07 09:00:07
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