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Class Action Countermeasures Discussions of the Strategic Considerations Involved In Class Action Defense

Tag Archives: Alexandra Lahav

The Problem with Asymmetric Analysis of Class Actions

Posted in Scholarship

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 the contrary, courts often treat certification of a litigation class more rigorously than certification of a… Continue Reading

The Problem with Trial by Formula

Posted in Motions Practice

In Wal-Mart Stores, Inc. v. Dukes, Justice Scalia registered his disapproval of using statistics to litigate liability in a class action, writing The Court of Appeals believed that it was possible to replace such proceedings with Trial by Formula. A sample set of the class members would be selected, as to whom liability for sex… Continue Reading

Classic Scholarship – Class Action Cops

Posted in Lawyers

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 basis of a number of arguments, from Professor Fitzpatrick’s proposal that class action attorneys earn… Continue Reading

Ten Simple Ways to Improve Class-Action Scholarship

Posted in Strategy

Last week, my post on the Ten Most Interesting Articles in 2011 got linked by Professor Alexandra Lahav at the fine Mass Tort Litigation Blog. She recommended my list of ten interesting but unwritten articles to students looking for notes topics, although she cautioned that  I don’t agree with Mr. Trask’s assessment of my own work,… Continue Reading

The Ten Most Interesting Class Action Articles of 2011

Posted in Strategy

 During the latter half of 2011, I was privy to the following exchange between a well-known law professor and a well-known practitioner: PROFESSOR: Yes, I wrote a piece which concluded that the class action is dead. You heard it here. PRACTITIONER: And yet plaintiffs keep filing the things … That exchange (which I promise actually… Continue Reading

Rhetoric – Entities, Entrepreneurs, and Rogues

Posted in Lawyers

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 in the first place. And I’m not the only one to have noticed this divide…. Continue Reading

Are Class Actions Unconstitutional? Depends Who You Ask

Posted in Lawyers

 Last year, I discussed Northwestern professor Martin Redish’s argument that class actions are unconstitutional. Redish had predicted–and I largely agreed–that the argument would fall on deaf ears. It turns out we were both wrong. Leaving aside those defense lawyers who adopted his arguments about the Rules Enabling Act, Alexandra Lahav of the University of Connecticut… Continue Reading

Rhetoric – Does Size Matter?

Posted in Certification

 When the Supreme Court granted certioriari in Dukes v. Wal-Mart Inc., the Vanderbilt Law Review grabbed a number of law professors who study mass torts and asked them to contribute essays to its En Banc feature. One of these–Richard Nagareda’s Common Answers for Class Certification–was one of the most interesting articles published in 2010. Several… Continue Reading