Document Type
Article
Publication Date
6-2020
Journal Title
Lewis & Clark Law Review
ISSN
1557-6582
Abstract
As part of a symposium addressing what the next 50 years might hold for class actions, mass torts, and MDLs, this Article examines a recent amendment to Rule 23 that offers a new solution to the persistent problem of strategic objections. Most significantly, Rule 23 now requires the district judge to approve any payments made to class members in exchange for withdrawing or forgoing challenges to a class action settlement. Although the new provision is still in its infancy, it has already been deployed to thwart improper objector behavior and to bring for-pay objection practice out of the shadows. The 2018 changes — along with other on-the-ground developments — are important steps toward improving the class action settlement process.
First Page
549
Last Page
570
Num Pages
22
Volume Number
24
Issue Number
2
Publisher
Northwestern School of Law, Lewis & Clark College
Recommended Citation
Elizabeth Cabraser & Adam N. Steinman,
What is a Fair Price for Objector Blackmail? Class Actions, Objectors, and the 2018 Amendments to Rule 23,
24
Lewis & Clark L. Rev.
549
(2020).
Available at:
https://scholarship.law.tamu.edu/facscholar/2020