Professor Joshua Davis on whether Late Shopping of Class Settlements Should Draw Sanctions? | USF in the News | Scoop.it

"A recent Arkansas news article tipped off a federal judge that plaintiffs' attorneys dismissed their insurance class action from his court only to refile it in a state court where they believed a pending settlement would have an easier time getting approved.

The news led the judge to formally reprimand some of the plaintiffs' attorneys involved. He also gave a warning to some of the defense counsel in the case for their complicity in what he characterized as improper, late-in-the-game forum shopping of a settlement he characterized as unfair."

 

“Defense counsel were likely serving the best interests of their clients,” Joshua Davis of the University of San Francisco School of Law told Bloomberg BNA in an e-mail.

Some legal ethicists say that defense counsel have an obligation not to be complicit in conduct that might harm the class, he said. But he and others find that “hard to square with our adversarial system.”

 

[Via @BloombergBNA]