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Settlement

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January 1, 2000
S. Elizabeth Gibson

This is an expanded version of a report that was previously published as Appendix E of the Report of the Advisory Group on Civil Rules and the Working Group on Mass Torts (Report on Mass Tort Litigation) February 15, 1999. In this version, the author expands her analysis by examining publicly available information about three additional bankruptcy cases. By broadening the range of the study, she was better able to make direct comparisons of--to evaluate the policy implications of--the processes used in class actions and bankruptcies.

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January 1, 1998
Jay Tidmarsh

This report by Professor Jay Tidmarsh of Notre Dame Law School examines five cases in which Rule 23 of the Federal Rules of Civil Procedure has been used to achieve a settlement of a mass tort controversy. The reason for studying mass tort settlement class actions is simple: Using class actions for this purpose has been, and is, controversial.

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January 1, 1997
Robert J. Niemic

This sourcebook is a reference guide on mediation and conference programs in the federal courts of appeals, programs that may offer a way for courts to deal with increasing filings. The sourcebook responds to requests from the appellate courts for a detailed description of all appellate courts' mediation and conference programs as well as more general information about what happens in the courts of appeals. In addition, it provides a means for attorneys to learn more about these programs.

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April 16, 1996
Elizabeth C. Wiggins, Melissa J. Pecherski, George W. Cort

This report to the Judicial Conference Advisory Committee on Civil Rules summarized work underway at the Federal Judicial Center concerning protective orders, confidential settlement agreements, and other sealed court records. The general purpose of the work was to provide the information necessary to evaluate the efficacy of Fed. R. Civ. P. 26(c) and to address the potential need for additional provisions in the rules relating to sealed court records and sealed settlement agreements.

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January 1, 1996
Donna J. Stienstra, Elizabeth Plapinger

Based on a survey of the federal district courts and an analysis of their rules, this sourcebook describes in detail how each court's ADR and settlement procedures functioned at the time of the survey. It also provides information for judges who design and refer cases to dispute resolution programs, for lawyers and litigants who face increasingly complex dispute resolution choices and obligations, and for policy makers and researchers who evaluate current programs and make recommendations for the future.

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January 1, 1995
John E. Shapard

A report that uses trial attorneys' responses to a Center survey concerning 800 federal civil cases in assessing proposed amendments to Fed. R. Civ. P. 68 to make it more effective in encouraging settlement and reducing litigation. The results indicate that a more effective Rule 68 would be well received by most attorneys and would likely influence litigation in about 50% of civil cases, resulting in more and earlier settlements at reduced expense and with limited effects for litigants of modest means.

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