Emory Law Journal

Volume 63Issue 6
Colloquy Complex Litigation and Disaggregative Mechanisms

Aggregate Litigation Goes Private

Dana A. Remus, Adam S. Zimmerman | 63 Emory L.J. 1317 (2014)

In Disaggregative Mechanisms, Professor Jaime Dodge documents how corporate defendants increasingly design their own mass resolution systems to avoid collective litigation—what she calls “disaggregative” dispute resolution. According to Dodge, such schemes promise benefits not only to putative defendants, but also to plaintiffs—resolving disputes quickly, handling large volumes of claims predictably, and sometimes, offering more compensation than would be available through aggregate litigation. She observes, however, that these systems also risk underdeterrence. Dodge concludes by endorsing disaggregative mechanisms while suggesting a need for more public oversight.

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Morphing Case Boundaries in Multidistrict Litigation Settlements

Margaret S. Thomas | 63 Emory L.J. 1339 (2014)

The boundaries of federal multidistrict litigation (MDL) are blurring, as district courts seek innovative ways to facilitate global settlements to resolve multijurisdictional, multidimensional, national mass torts. The techniques emerging from the district courts have mostly evaded appellate review and received little scholarly attention, but they raise important challenges to traditional understandings of the nature of MDL and complex litigation.

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