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Reporter's Memorandum to Council i (September 28, 2005)

handle is hein.ali/aggregate0006 and id is 1 raw text is: American Law Institute Principles of the Law of Aggregate Litigation Reporter's Memorandum to the Council Samuel Issacharoff September 28, 2005 We are on the third draft of the Principles of Aggregate Litigation. The project now has a substantial first Chapter dealing with the basic principles of aggregation, a well-developed second Chapter on the resolution of common issues in litigation, and the first development of a separate Chapter dealing with the question of settlement of aggregated cases. The Associate Reporters for each of these Chapters are Professor Charles Silver of the University of Texas School of Law (Chapter 1), Professor Richard A. Nagareda of Vanderbilt University Law School (Chapter 2), and Professor Robert H. Klonoff of the University of Missouri-Kansas City School of Law (Chapter 4). The Reporter's Memorandum attached to Preliminary Draft No. 3 sets out the various stages of development of the project. This work has now been presented to the Advisers in September of 2004 and 2005 and to well-attended Members Consultative Group (MCG) meetings in May and September of 2005. This Memo will provide a supplemental overview of the reaction to the work thus far and the directions that the Reporters anticipate for the next draft. Chapter 1 has generally been well received thus far, although more so among the Advisers than in the MCG. This Chapter introduces a significant new concept to the law of aggregate litigation by applying the corporate-governance model of the separation of