• Login
    View Item 
    •   Home
    • Yale Law School Faculty Scholarship
    • Faculty Scholarship Series
    • View Item
    •   Home
    • Yale Law School Faculty Scholarship
    • Faculty Scholarship Series
    • View Item
    JavaScript is disabled for your browser. Some features of this site may not work without it.

    Browse

    All of openYLSCommunitiesPublication DateAuthorsTitlesSubjectsThis CollectionPublication DateAuthorsTitlesSubjects

    My Account

    LoginRegister

    Statistics

    Display statistics

    Aggregation, Settlement, and Dismay

    • CSV
    • RefMan
    • EndNote
    • BibTex
    • RefWorks
    Thumbnail
    Name:
    Aggregation__Settlement__and_D ...
    Size:
    625.4Kb
    Format:
    PDF
    Download
    Author
    Resnik, Judith
    
    Metadata
    Show full item record
    URI
    http://hdl.handle.net/20.500.13051/5303
    Abstract
    Richard Marcus and Jack Coffee argue that federal judges are relying on the class action rule (Federal Rule of Civil Procedure 23) to revamp both substance and procedure. Both papers represent attempts to link the efforts of lawyers and judges across an array of cases and to provide a coherent picture of the emerging new rules and doctrine, both substantive and procedural. Coffee and Marcus strive to place a series of federal mass tort class action litigations in a broader context, in an effort to understand a phenomenon rather than a particular case. As Marcus explains, while Congress has not (as of this writing) enacted any of the various legislative proposals for tort reform, federal judges have functionally undertaken "tort reform" through their work under Rule 23. That is, judges have approved (and, to varying extents, designed) class action settlements that eliminate punitive damages; created priorities of rights by staggering the processing of claims and categorizing the values of claims; recognized to some extent a tort of fear of future injury; altered standards of proof of causation and injury; and capped payments. Professor Coffee would add a few other items to this list of federal judicial innovations—that judges have imposed new requirements on eligibility for compensation, excluded lesser injuries from compensation, and sanctioned the queuing of claimants so that only a certain number of claims are paid in a given year.
    Collections
    Faculty Scholarship Series

    entitlement

     
    DSpace software (copyright © 2002 - 2023)  DuraSpace
    Quick Guide | Contact Us
    Open Repository is a service operated by 
    Atmire NV
     

    Export search results

    The export option will allow you to export the current search results of the entered query to a file. Different formats are available for download. To export the items, click on the button corresponding with the preferred download format.

    By default, clicking on the export buttons will result in a download of the allowed maximum amount of items.

    To select a subset of the search results, click "Selective Export" button and make a selection of the items you want to export. The amount of items that can be exported at once is similarly restricted as the full export.

    After making a selection, click one of the export format buttons. The amount of items that will be exported is indicated in the bubble next to export format.