10 articles
In the final post of our series on class action lawsuits, J. Russell Jackson of Skadden Arps LLP responds to a post from Scott Dodson of William & Mary Law School. Jackson cites Rule 23 and its history as evidence that the use of class actions was intended to be limited from the outset.
Elizabeth Chamblee Burch, of the University of Georgia School of Law, examines the difficulties of class certification after Wal-Mart and Concepcion and concludes that the decisions may ultimately pose broader questions about procedural justice and institutional legitimacy.
In their post, Charles Silver of the University of Texas Law School and Maria Glover of Harvard Law School warn that the Court’s decisions in Wal-Mart and Concepcion could transform class actions into zombie settlement classes that will benefit defendants, rather than plaintiffs.
Andrew Trask, of McGuire Woods, recaps class action cases from the Court’s past Term and argues that contrary to some reports, class actions are not going anywhere anytime soon.
Sergio Campos, of the University of Miami School of Law, analyzes the effects of the Court’s decision in Wal-Mart v. Dukes, emphasizing the importance of class action lawsuits to allow groups of individuals to come together against large corporations.
In the wake of the Court’s decision in Wal-Mart, the University of Minnesota Law School’s Allan Erbsen offers a new approach – focusing on heterogeneity – for lower courts to use in determining whether to certify a class under Rule 23(b)(3).
Sarah Crawford, of the National Partnership for Women and Families, argues that the Court’s recent decisions in Wal-Mart and Concepcion have weakened the rights of workers and demonstrate the need for a legislative response.
Paul Karlsgodt, of Baker Hostetler LLP, explains why, although the Court’s decisions in Wal-Mart and Concepcion have not yet had a significant effect on class action litigation, the decisions — if properly understood — can nonetheless be very useful in defending against class actions.
SCOTUSblog’s symposium on the future of class action lawsuits begins.
Scott Dodson, of William & Mary Law School, opens our class action symposium.