Aggregate Litigation: Critical Perspectives

On behalf of GW's James F. Humphreys Complex Litigation Center, Professor Roger Trangsrud has organized a conference on the American Law Institute's Principles of the Law of Aggregate Litigation.  It will be held at George Washington University Law School on March 12, 2010.  The four ALI reporters (Sam Issacharoff, Richard Nagareda, Bob Klonoff, and Charlie Silver) will serve as panel moderators.  More information on registration (which is free, but space is limited) can be found at: http://www.law.gwu.edu/News/20092010Events/Pages/AggregateLitigationCriticalPerspectives.aspx 

Here's the write-up of the panels:

Panel One: Issues in the Certification of Class Actions

A. Context and introduction by moderator Richard Nagareda, professor of law, Vanderbilt University School of Law

B. Certification Procedures after IPO and Hydrogen Peroxide (Richard Marcus, Horace O. Coil Chair in Litigation, University of California Hastings College of the Law)

C. Game Theory, Opt-Out Rights, and the Indivisibility of Remedies (Jay Tidmarsh, professor of law, Notre Dame University School of Law)

D. Solving Choice-of-Law Issues in State-Law Class Actions (David Rosenberg, Lee S. Kreindler Professor of Law, Harvard Law School)

E. Aggregate Litigation's Jurisdictional Confusion
(Patrick Woolley, Beck, Redden & Seacrest Professor, University of Texas School of Law)

F. Response: Richard Nagareda

Panel Two: Other Issues Attending the Use of Class Actions

A. Context and introduction by moderator Robert Klonoff, dean and professor of law, Lewis & Clark Law School

B. Evaluating the Fairness of Class-Action Settlements (Alan Morrison, Lerner Family Associate Dean for Public Interest and Public Service Law, The George Washington University Law School)

C. Shady Grove, Erie, and Statutory and Contractual Limitations on Class Actions. (Linda Mullenix, Morris & Rita Atlas Chair in Advocacy, University of Texas School of Law)

D. Precluding Abandoned Claims in Class Actions (Ed Sherman, W.R. Irby Chair in Law, Tulane University Law School)

E. Response: Robert Klonoff


Panel Three: Non-Class Aggregate Litigation

A. Context and introduction by moderator Samuel Issacharoff, Bonnie and Richard Reiss Professor of Constitutional Law, New York University School of Law

B. Aggregation and Privatization of Enforcement (Judith Resnik, Arthur Liman Professor of Law, Yale Law School)

C. Group Consensus, Individual Consent: Governance in Nonclass Aggregation (Elizabeth Chamblee Burch, assistant professor, Florida State University College of Law)

D. Rethinking Adequacy of Representation:  Lessons for Class Actions and Aggregate Litigation (Robert Bone, G. Rollie White Teaching Excellence Chair in Law, University of Texas School of Law)

E. Response: Samuel Issacharoff

Panel Four: Ethics in Aggregate Litigation

A. Context and introduction by moderator Charles Silver, Roy and Eugenia C. McDonald Endowed Chair in Civil Procedure, professor of government, University of Texas School of Law

B. Ethical Issues in the Aggregate Settlement of Related and Unrelated Claims (Thomas Morgan, Oppenheim Professor of Antitrust and Trade Regulation Law, The George Washington University Law School)                            

C. The Need for Greater Ethical Rules in Class-Action and Other Agregated Litigation (Nancy Moore, Nancy Barton Scholar, professor of law, Boston University School of Law)

D. Ethical Constraints on Initiating and Resolving Non-Class Aggregate Litigation (Lester Brickman, professor of law, Benjamin N. Cardozo School of Law)

E. Mass Settlements and Informed Consent (Howard Erichson, professor of law, Fordham University School of Law)

F. Response: Charles Silver

ECB