TortsProf Blog

Editor: Christopher J. Robinette
Widener Commonwealth Law School

Thursday, September 7, 2006

Next Target for Change: Consumer Protection Laws? says a story.

As part of their efforts, tort reformers are circulating model legislation to state lawmakers that would require consumers to have suffered economic losses or injuries from a company's alleged misstatements in order to file a class action.

The model legislation, which was encouraged recently in a report by the American Tort Reform Foundation, also would require consumers to have relied on a company's alleged misrepresentations when they bought its product or services.

(See also the post from Pfizer's Arnold Friede.)

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State statutes creating substantive rights sometimes limit the availability of class actions to enforce those rights, at least in state court. It is an interesting Erie question, and a largely unresolved one so far as I know, whether such limitations necessarily bind a federal court sitting in diversity.

Posted by: Peter Nordberg | Sep 7, 2006 5:08:18 AM

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