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Commentary On Class Settlements Under Attack
>Download Full Article (PDF file, 48 KB) In Class Settlements Under Attack, Professors Samuel Issacharoff and Richard Nagareda proffer “a cohesive framework for establishing the finality of class actions under the real-world conditions of settlement.” Their framework addresses three key questions concerning class settlement review: Where should judicial review of the settlement take place? What due process concerns can be raised in the course of such a review? And what form should the challenge take? Their insightful article performs a great service by setting forth so comprehensively and thoughtfully the range of questions implicated by the question of finality in the context of class settlements, and I have learned a great deal from their treatment of these issues. The space constraints of this Commentary, though, counsel me to compress my praise for the article’s many strengths and to focus my remarks on some remaining questions that occur to me. |
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