It’s no secret that plaintiffs often choose cases, not so much because of the merits of the rulings, but because of the outrage they can generate. (Indeed, some plaintiffs’ counsel openly discuss how they picture either how a particular cross-examination or closing argument will sound.)

As it turns out, a nine-year old lecture by Cass

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.