Document Type

Working Paper

Publication Date

7-7-2020

SSRN Discipline

Legal Scholarship Network; Philosophy Research Network; Law School Research Papers - Legal Studies; Litigation, Procedure & Dispute Resolution eJournals; Law & Society eJournals; Law & Society: Private Law eJournals; Law & Society: Public Law eJournals; LSN Subject Matter eJournals; Political Science Network; Anthropology & Archaeology Research Network

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 forpay objection practice out of the shadows The 2018 changes "” along with other ontheground developments "” are important steps toward improving the class action settlement processbr

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