This Essay discusses the approach the American Law Institute’s Principles of the Law of Aggregate Litigation take to the issue of aggregate settlements. Contrary to Rule 1.8(g) of the ABA Model Rules of Professional Conduct, and contrary to most of the decided cases, the Principles would permit resolution of multiple claims by less than a unanimous vote of the claimants. This Essay acknowledges practical concerns that underlie the proposal and applauds the Reporters’ effort to craft a new approach. Ultimately, however, it concludes that the proposal inadequately protects values embodied in the cases and in ABA Model Rule 1.8(g).
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