INTRODUCTION
Think of the class action as a wounded beast – limited in its range of motion, yet dangerous to those within its reach. This image emerges from some of the most significant developments in class action law and practice over the past several years. Plaintiffs’ and defendants’ class action lawyers frequently debate the continued vitality of class action practice, the former decrying their setbacks, the latter reveling in their victories, and both sides determined to fight on. Academics sift through the rubble of class action jurisprudence, attempting to discern patterns and to predict what lies ahead. Judges struggle to apply conflicting precedents and fill in gaps, at times reluctantly surrendering to rigid pronouncements from on high. Over the years, a divided Court has issued powerful decisions that rein in many class actions … (more)
Donald R Frederico, ‘The Arc of Class Actions: A View From the Trenches’, 32 Loyola Consumer Law Review 266 (2020).
First posted 2021-11-04 17:00:24
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