What's Fair is Fair? A Comparative Look at Judicial Discretion in Fairness Review of Holocaust Era Class Action Settlement in the United States and Canada

Authors

• Arthur Oder, Benjamin N. Cardozo School of Law

Abstract

The note critiques the effectiveness of U.S. class action frameworks, particularly Rule 23, in addressing Holocaust-era claims, arguing that the Canadian Class Proceedings Act (CPA) offers a more flexible and fair approach for resolving such complex human rights cases. It highlights the shortcomings of the Generali Insurance Litigation and contrasts it with the success of the Swiss Banks Settlement, emphasizing the importance of judicial discretion and adequate notice in ensuring fair outcomes. The analysis advocates for adopting the Canadian model to improve the handling of large-scale human rights class actions.

Disciplines

Dispute Resolution and Arbitration | Human Rights Law | Judges | Law | Legal Remedies

Recommended Citation

Arthur Oder, What's Fair is Fair? A Comparative Look at Judicial Discretion in Fairness Review of Holocaust Era Class Action Settlement in the United States and Canada, 17 Cardozo J. Int'l & Comp. L. 545 (2009).
Available at: https://larc.cardozo.yu.edu/cjicl/vol17/iss3/8