Tuesday, December 14, 2010
In a recent post I suggested that Justice Ginsburg is hostile to class actions, based on her dissent in Shady Grove v. Allstate, a case decided last term. I was reading the Brief of Civil Procedure and Complex Litigation Professors in Support of Respondents in AT&T v. Concepcion yesterday and found there a coherent argument that in fact Justice Ginsberg has not been hostile to consumer class actions. The brief provides a very cogent argument in defense of the class action. In fact, it would make a rather nice starting point for a class discussion on the subject.
If anyone else has any insights into the views of the various justices on the issue, I'd be interested in hearing them.