‘The Negotiation Class Action’

Francis E McGovern and William B Rubenstein, ‘The Negotiating Class: A Cooperative Approach to Class Actions Involving Large Stakeholders’, Duke Law School Public Law and Legal Theory Series No 2019-41 (June 13, 2019), available at SSRN. A common criticism of modern academic legal writing is its lack of usefulness in the real world of practice. A common criticism of writing directed toward solving workaday legal problems is its lack of theoretical sophistication. Neither of these criticisms can be levied against the new paper by Francis McGovern, a Special Master in the National Prescription Opiate Litigation multidistrict litigation (MDL), and William Rubenstein, a consulting expert to the MDL court. The paper is dazzlingly conceived, and Judge Dan Polster, who is presiding over the Opiate MDL, has employed the proposal and its reasoning to find a solution to one of today’s most intractable mass torts … (more)

[Jay Tidmarsh, JOTWELL, 13 November]

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