Perspective
Nov. 25, 2014
Beware the settlement class action
Class actions were supposed to empower claimants. But increasingly, they have become a tool that defendants use to buy peace on the cheap. By Howard M. Erichson
Class actions were supposed to empower claimants. But increasingly, they have become a tool that defendants use to buy peace on the cheap. Defendants in mass disputes have learned how to wipe away liability: strike a bargain with a willing plaintiffs' lawyer and present the deal to a judge for settlement-only class certification.
The "settlement class action" has become the dominant use of the class action device. I d...
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