作者
Joshua B Fischman
发表日期
2016
期刊
Am. UL Rev.
卷号
66
页码范围
91
简介
In theory, settlements of legal disputes take place" in the shadow of the law,"'reflecting parties' expectations about outcomes at trial. In practice, however, settlements often deviate from the law's shadow, especially when the litigants have unequal bargaining power or differ in their willingness to tolerate risk, delay, and adverse publicity.'Attorneys may structure settlements that prioritize their own interests over those of the litigants, especially in the context of class actions.'When legal disputes affect third parties, litigants may also settle their disputes on collusive terms, shifting costs to the unrepresented parties.'As a practical matter, it is difficult for courts to identify when such settlements are abusive. The purpose of a trial, after all, is to
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