In 2010, the American Law Institute published its Principles of the Law of Aggregate Litigation, which include extensive discussion of and rules for class actions generally and for their settlement in particular. A few of these changes result from amendments to Rule 23 and from court decisions, but many reflect changes in practices and norms that have become generally accepted. Some are the views of the ALI on what the law and practice should be, even if it is not there yet. This Essay discusses the most important of these little changes and explains why they have vastly improved the process by which the fairness of class settlements is evaluated.
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