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December 14, 2010
How Do the Justices Feel About Class Actions?
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.
ADL
December 14, 2010 in Class Actions | Permalink
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