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Hamermesh, Lawrence A.; Fedechko, Jacob J. --- "Forum shopping in the bargain aisle: Wal-Mart and the role of adequacy of representation in shareholder litigation" [2018] ELECD 1115; in Griffith, Sean; Erickson, Jessica; Webber, H. David; Winship, Verity (eds), "Research Handbook on Representative Shareholder Litigation" (Edward Elgar Publishing, 2018) 156

Book Title: Research Handbook on Representative Shareholder Litigation

Editor(s): Griffith, Sean; Erickson, Jessica; Webber, H. David; Winship, Verity

Publisher: Edward Elgar Publishing

ISBN: 9781786435330

Section: Chapter 10

Section Title: Forum shopping in the bargain aisle: Wal-Mart and the role of adequacy of representation in shareholder litigation

Author(s): Hamermesh, Lawrence A.; Fedechko, Jacob J.

Number of pages: 20

Abstract/Description:

This chapter addresses the interaction among representative stockholder suits brought in multiple, competing jurisdictions. Focusing on the US and Delaware context, they articulate an approach to limiting litigants’ incentives to file quickly and settle quickly. The chapter proposes a framework for courts to assess adequacy of representation when considering the preclusive effects of a prior judgment.