The Allocation Problem in Multiple-Claimant Representations

Edelman, Paul H.; Nagareda, Richard A.; Silver, Charles

doi:10.1086/scer.14.3655309

Cited by 1 publication

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“…In particular, this paper adds to the legal scholarship that discusses allocations in class actions, including Morawetz (1993), Silver andBaker (1997, 1998), Coffee (1998), Dana (2006), Edelman et al (2006), and Macey and Miller (2009). This paper closely relates and directly contributes to the small, but growing literature on the economics of class actions, which includes Kornhauser (1983Kornhauser ( , 1998, Che (1996), Perino (1997), Marceau and Mongrain (2003), and Deffains and Langlais (2009).…”

Section: Relation To the Literaturementioning

confidence: 99%

Allocation Rules and the Stability of Mass Tort Class Actions

Teitelbaum

2010

SSRN Journal

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This paper studies the effects of allocation rules on the stability of mass tort class actions. I analyze a two-stage model in which a defendant faces multiple plaintiffs with heterogeneous damage claims. In stage 1, the plaintiffs play a noncooperative coalition formation game. In stage 2, the class action and any individual actions by opt-out plaintiffs are litigated or settled. I examine how the method for allocating the class recovery interacts with other factors-the shape of the damage claim distribution, the scale benefits of the class action, and the plaintiffs' probability of prevailing at trial and bargaining power in settlement negotiations-to determine the asymptotic stability of the global class. My results suggest criteria to attorney and courts for structuring and approving efficient allocations plans in mass tort class actions and for evaluating the predominance and superiority requirements for class certification in mass tort cases.JEL classifications: C72, K41.

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Section: Relation To the Literaturementioning

confidence: 99%

Allocation Rules and the Stability of Mass Tort Class Actions

Teitelbaum

2010

SSRN Journal

View full text Add to dashboard Cite

show abstract

The Allocation Problem in Multiple-Claimant Representations

Cited by 1 publication

References 0 publications

Allocation Rules and the Stability of Mass Tort Class Actions

Allocation Rules and the Stability of Mass Tort Class Actions

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