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FJC Studies and Related Publications » Federal Judicial Center Publications · Appellate Courts · Attorney's Fees · Bankruptcy · Class Action · Complex Litigation · Criminal Law · Discovery and Disclosure. Uscourts.gov

Financing the Class: Strengthening the Class Action Through Third-Party Investment » Class action lawsuits compensate harmed individuals and enforce public norms. Their success depends largely on the ability of a private bar of entrepreneurial, fee-seeking attorneys to finance lawsuits through contingency fee representation. But the current method of awarding fees and restrictions on nonlawyer investment in lawsuits distort the set of class actions that make it into court and potentially inflate attorney fees. This Note proposes a novel method of financing class actions and setting attorney fees. Instead of relying on judges to award fees once the suit is over, this method would sell equity in a prospective class action award or settlement to financial investors before the case begins. Realigning the economics of the class action lawsuit in this way would enhance the ability of aggregate litigation to benefit plaintiffs and society. author.Yale Law School, J.D. expected 2016. My thanks are due to the many scholars—friends and mentor… Yalelawjournal.org

Fair Copyright Litigation: The Reverse Class Action Lawsuit » By some estimates, more than 40 billion songs were downloaded illegally in 2008. In recent years, some copyright holders seeking to curtail copyright infringement have filed thousands of claims against individual end-users and peer-to-peer network operators. The resulting scenario, in some instances, has required plaintiffs to prepare settlement strategies against thousands of individual defendants who are often ill equipped to deal with such suits. This note addresses the inability of the copyright law regime to resolve such scenario, one of the growing problems of the information age. Specifically, the author proposes that the solution to these problems is found in Rule 23 of the Federal Rules of Civil Procedure, through what is described in this note as the reverse class action mechanism. By combining individual defendants in one suit, consumers can make litigation more economically feasible by combining their resources, simultaneously saving both plaintiffs and courts significant litigation related costs. Repository.uclawsf.edu

Rule 23. Class Actions » (1) Certification Order. (A) Time to Issue. At an early practicable time after a person sues or is sued as a class representative, the court must determine by … Law.cornell.edu

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