Erichson on the NFL Concussion Settlement

Over at Mass Tort Profs, Howie Erichson (Fordham) analyzes the NFL concussion settlement.  He’s not in favor:

We have grown so accustomed to “settlement class actions” that we have lost sight of what is strange and troubling about them. Class actions serve an essential function in our legal system by empowering claimants in mass disputes, and I reject the knee-jerk criticisms of class actions that I  hear too often. But when the class action tool is exploited by defendants to buy peace on the cheap, and when class members are harmed by the alignment of interests between defendants and class counsel, I feel the need to speak up.

Read the full piece here.