A reverse auction of a class action, in which a defendant settles the weakest case in a series of lawsuits, isn’t illegal or even technically unethical, but it could lull attorneys down a path of illegality, according to legal observers.

Former Judge Richard Posner of the 7th U.S. Circuit Court of Appeals in Chicago

A reverse auction of a class action, in which a defendant settles the weakest case in a series of lawsuits, isn't illegal or even technically unethical, but it could lull attorneys down a path of illegality, according to legal observers.

In a reverse auction, plaintiffs' and defense counsel team up to benefit at the expense of the class, whether in the form of attorney fees, a broad release of claims or a low-ball settlement favoring...

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Ethics/Professional Responsibility

May 6, 2019

Reverse auctions are legal, but can lead to a slippery slope

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