Despite the warnings, Wal-Mart Stores, Inc. v. Dukes did not herald the end of the class action, or even class action scholarship. Indeed, new debates have risen in its wake. One of the most interesting is what to do about classes where large numbers of class members might not have suffered any injury. Courts
Rules Enabling Act
Book Review – Wholesale Justice
By The Editors on
Posted in Strategy
Last month, I received a flurry of email from various people who wanted to point me towards Mark Herrrman’s column on Above the Law, "Torpedoing Class Actions." In that column, Herrmann reviewed Martin Redish’s 2009 book Wholesale Justice, which argues that class actions are an unconstitutional delegation of state power to private…
Are Class Action Lawyers Paid Too Little? Still No.
By The Editors on
Posted in Lawyers
Last year, Vanderbilt professor Brian Fitzpatrick made the bold argument that class action plaintiffs’ attorneys aren’t paid enough. Now, the University of Pennsylvania Law Review’s online presence, PENNUmbra, has a response by University of Arizona professor David Marcus.
Marcus levels several criticisms against Fitzpatrick’s proposal. I’m going to ignore the easy ones and…
Does Cy Pres Relief Violate the Rules Enabling Act?
By The Editors on
Posted in Settlement
Skadden attorneys John Beisner, Jessica Miller, and Jordan M. Schwartz have drafted a white paper for the Institute for Legal Reform titled “Cy Pres: A Not So Charitable Contribution to Class Action Practice.” Relying heavily on Martin Redish’s critique of cy pres recovery, they trace cy pres relief from…