Civil Procedure

Ethical Duties of Class Counsel Also Representing Class Representatives

Nancy J. Moore

Abstract Response to Bruce A. Green & Andrew Kent’s, May Class Counsel Also Represent Lead Plantiffs? In their excellent article entitled May Class Counsel Also Represent Lead Plaintiffs?, Professors Bruce Green and Andrew Kent explore a particular aspect of two broader questions I have also addressed: (1) who should regulate class action lawyers; and (2) […]

Enforcing the Fiduciary Duties of Class Representatives

Andrew S. Pollis

Abstract Response to Bruce A. Green & Andrew Kent’s, May Class Counsel Also Represent Lead Plaintiffs? Professors Bruce A. Green and Andrew Kent have drawn much-needed attention to ethical issues that can arise when class-action lawyers simultaneously represent named individual plaintiffs and putative or certified classes. They analyze three scenarios of potential conflict for which […]

The Normality of Knick: A Response to Sterk and Pollack

Ilya Somin

Abstract Response to Stewart E. Sterk & Michael C. Pollack, A Knock on Knick‘s Revival of Federal Takings Litigation. The Supreme Court’s decision in Knick v. Township of Scott, has been criticized for supposedly wreaking havoc on the normal system for adjudicating takings claims, and for seriously violating norms of stare decisis. Stewart Sterk and Michael […]

Activist Judges?: Technology, Rule 1, and the Limits of Judge Matthewman’s New Paradigm for E-Discovery

David Horrigan

Response to William Matthewman, Towards a New Paradigm for E-Discovery in Civil Litigation: A Judicial Perspective Abstract The description, “activist judge,” often has a pejorative connotation in the culture wars, but what about judicial activism advocating for professionalism, cooperation, and honest good faith in e-discovery? Activism has been defined as “a doctrine or practice that […]

May Class Counsel Also Represent Lead Plaintiffs?

Bruce A. Green & Andrew Kent

Abstract For decades, courts and commentators have been aware that thepotential for conflicting interests among the class representatives, classcounsel, and absent class members is inherent in the class action device.Notwithstanding this realization and a substantial amount of scholarlyand judicial commentary on class conflicts, one kind of conflict has notreceived due attention: the conflict that inevitably […]

Wrongful Removals

Lonny Hoffman and Erin Horan Mendez

Response to Joan Steinman, Waiving Removal, Waiving Remand—The Hidden and Unequal Dangers of Participating in Litigation Abstract Professor Steinman’s treatment of the disparities in removal and remand law is sobering and deserves careful consideration by law makers. We want to add our voice to her analysis by adding some additional context and perspective on some […]