As advanced civ pro and global lit students know, in 1997 the US Supreme Court vacated class certification for a proposed asbestos worker class. The broadly written decision was widely interpreted as the death knell for personal injury class actions and thereafter mass personal injury claims shifted onto the multidistrict litigation docket. Yet in years since, at least a handful of federal personal injury class actions have been certified without challenge. In the wake of rising criticism of the MDL process, corporate counsel are wondering whether the class action approach to resolution of these cases was not fairer and less expensive. For this short turn-around project for the RAND Institute for Civil Justice students will review the Amchem decision, and conduct case studies of the subsequently certified PI class actions, using online sources and potentially interviews with plaintiff and defense lawyers, to assess whether the fears that underlay Amchem were or were not manifested in these later cases. Preliminary findings will be presented at a RAND conference on Oct. LAW 23 and the final report will be published by RAND either as a stand alone document or as a section of RAND's conference volume 1. This course is offered during the Autumn and Winter quarters; however, enrollment in the Winter is restricted to continuing students and is graded on a Mandatory P/R/F basis. Winter Quarter (Amchem Revisited): In the context of new interest in considering class certification as a means of resolving mass torts, the practicum students have reviewed and analyzed relevant court decisions since Amchem was handed down. They are writing up their final results this quarter and may also brief the client (RAND). Elements used in grading: Research participation and contributions to the final report. CONSENT APPLICATION: To apply for this course, students must complete a Consent Application Form available at SLS Registrar https://registrar.law.stanford.edu/.
1-2 units · Law Honors/Pass/Restrd Cr/Fail
As advanced civ pro and global lit students know, in 1997 the US Supreme Court vacated class certification for a proposed asbestos worker class. The broadly written decision was widely interpreted as the death knell for personal injury class actions and thereafter mass personal injury claims shifted onto the multidistrict litigation docket. Yet in years since, at least a handful of federal personal injury class actions have been certified without challenge. In the wake of rising criticism of the MDL process, corporate counsel are wondering whether the class action approach to resolution of these cases was not fairer and less expensive. For this short turn-around project for the RAND Institute for Civil Justice students will review the Amchem decision, and conduct case studies of the subsequently certified PI class actions, using online sources and potentially interviews with plaintiff and defense lawyers, to assess whether the fears that underlay Amchem were or were not manifested in these later cases. Preliminary findings will be presented at a RAND conference on Oct. 23 and the final report will be published by RAND either as a stand alone document or as a section of RAND's conference volume 1. This course is offered during the Autumn and Winter quarters; however, enrollment in the Winter is restricted to continuing students and is graded on a Mandatory P/R/F basis. Winter Quarter (Amchem Revisited): In the context of new interest in considering class certification as a means of resolving mass torts, the practicum students have reviewed and analyzed relevant court decisions since Amchem was handed down. They are writing up their final results this quarter and may also brief the client (RAND). Elements used in grading: Research participation and contributions to the final report. CONSENT APPLICATION: To apply for this course, students must complete a Consent Application Form available at SLS Registrar https://registrar.law.stanford.edu/.