Since HR 1927 was introduced, there has been an outcry that it will “kill the class action.”  In fact, opponents (among them Professors Alexandra Lahav, Samuel Issacharoff (Issacharoff HR1927 Letter), and Arthur Miller (Miller HR1927 Letter)) have complained that it was specifically designed to do so.  Nothing could be further from the truth.  In fact, the bill was specifically designed to have a minimal impact on Rule 23.  So how did the disconnect between the intent and the reaction occur?  I thought it would be worth walking through the criticisms of the bill so far, … Continue Reading