Mass Preference Litigation Strategies and Pitfalls.


This article attempts to highlight where procedures orders, dismissal decisions and mediation orders get it wrong or could be vastly improved. It also suggests creative strategies (some untested) to change the balance of power between plaintiffs and defendants: pre-judgment interest, fee-shifting, jury trial rights, discovery sanctions and similar slings and arrows to favorably move the settlement needle. This article is not a primer on preference elements and defenses as those matters are routinely known or discussed elsewhere.
To read this article, please click the link below.  http://images.jw.com/com/publications/1674.pdf