The appellate courts, including the Supreme Court, have applied doctrines favoring settlements—-which make sense in a normal lawsuit—-in the context of class ac

The appellate courts, including the Supreme Court, have applied doctrines favoring settlements—-which make sense in a normal lawsuit—-in the context of class actions, where they exacerbate the already severe conflict of interest between counsel and the class. The one thing most District Court judges like least is being overruled on appeal. But the real blame falls on Congress. They ought to adopt a real regulatory apparatus and put away the class action (vice mass action).