In her new article Symmetry & Class Action Litigation, 60 UCLA L. Rev. 1494 (2013), Connecticut law professor Alexandra Lahav has spotted what appears to be an interesting inconsistency in the way modern courts treat class action: despite case law to … Continue Reading
In years past, when I was a budding class-action nerd at O’Melveny & Myers, I used to look forward to the ABA’s annual convention on class actions. While I couldn’t go myself (not cost-justified for baby lawyers), John Beisner would … Continue Reading
For the last six or seven years, a growing academic literature has put forward the argument that the primary justification for class actions is not to compensate absent class members, but to deter corporate wrongdoing. That justification has formed the … Continue Reading
During the latter half of 2011, I was privy to the following exchange between a well-known law professor and a well-known practitioner:
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PROFESSOR: Yes, I wrote a piece which concluded that the class action is dead. You heard it here.
As I’ve discussed before, there are few areas of law as polarized as class actions. The plaintiff and defense bars in class-action law rarely agree on anything, from the proper scope of Rule 23 to what a class action is … Continue Reading