Current Issue

One of the most damaging accusations made against class action litigation, particularly securities litigation, is the claim that it is "lawyer-driven litigation." In the parlance of, among others, the proponents…

Professor Fisch begins her very interesting paper by suggesting that Congress' goal in passing the lead plaintiff provisions of the Private Securities Litigation Reform Act (the "Reform Act")' was "to…

I cannot resist the temptation to start this Article with a personal note. The first legal matter I worked on was as a law student writing a memorandum supporting over…

Professor Greenberg has spoken of the backlash from the courts and Congress imposing restrictions on the ability to successfully litigate certain types of class actions to enforce civil rights. Congress…

The defensive use of federal class actions in mass torts is currently having its fifteen minutes of fame. Defendants have historically used federal class actions to resolve their litigation problems…

The proposed amendments to Federal Rule 23 currently are working their way through the rulemaking process, with the public notice and comment period ending February 15, 1997. The proposed amendments…