Ortiz v. Fibreboard Corp., 527 U.S. 815, 6 (1999)

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ment saves transaction costs that would never have gone into a class member's pocket in the absence of settlement, a credit for some of the savings may be recognized as an incentive to settlement is at least a legitimate question, which the Court leaves for another day. Pp. 859-861.

134 F. 3d 668, reversed and remanded.

Souter, J., delivered the opinion of the Court, in which Rehnquist, C. J., and O'Connor, Scalia, Kennedy, Thomas, and Ginsburg, JJ., joined. Rehnquist, C. J., filed a concurring opinion, in which Scalia and Kennedy, JJ., joined, post, p. 865. Breyer, J., filed a dissenting opinion, in which Stevens, J., joined, post, p. 865.

Laurence H. Tribe argued the cause for petitioners. With him on the briefs were Brian Koukoutchos, Jonathan S. Massey, Frederick M. Baron, Brent M. Rosenthal, and Steve Baughman.

Elihu Inselbuch argued the cause for respondents. With him on the brief for respondents Ahearn et al. were Peter Van N. Lockwood, Joseph B. Cox, Jr., Joseph F. Rice, Steven Kazan, and Harry F. Wartnick. Herbert M. Wachtell, Paul J. Bschorr, Richard B. Sypher, Kelly C. Wooster, Stephen M. Snyder, William R. Irwin, Rodney L. Eshelman, Donald T. Ramsey, Stuart Philip Ross, Sean M. Hanifan, Merril J. Hirsh, and Michael E. Jones filed a brief for respondents Continental Casualty Co. et al.*

*Briefs of amici curiae urging reversal were filed for the Association of Trial Lawyers of America by Jeffrey Robert White and Mark S. Man-dell; for Trial Lawyers for Public Justice, P. C., by Arthur H. Bryant and Anne Bloom; and for Legal Ethics, Civil Procedure, and Constitutional Law Scholars by Roger C. Cramton, Kenneth J. Chesebro, and Barbara J. Olshansky.

Briefs of amici curiae urging affirmance were filed for Asbestos Victims of America by Daniel U. Smith; for Exxon Corporation by Charles W. Bender, John F. Daum, and Charles C. Lifland; and for the National Association of Securities and Commercial Law Attorneys by Kevin P. Roddy and Arthur R. Miller.

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