When lawyers on both sides of the Atlantic sought a way to hold companies liable for human rights and environmental abuse committed in other nations, U.S. lawyers primarily chose the Alien Tort Statute, while U.K. lawyers began to file old-fashioned common law tort suits. A strong argument may be made that the common law theory has been more effective.

When is a proposed settlement between class action plaintiffs lawyers and a defendant company collusive and unfair to the class? That is the question that will on Wednesday be before a Massachusetts state court judge who is presiding over a contentious wage-and-hour class action against Wal-Mart. The eight-year-old case has pitted warring groups of plaintiffs lawyers against each other.