‘Building a Better Mousetrap’

Christopher Hodges and Stefaan Voet, Delivering Collective Redress: New Technologies (2018). A series of mostly hostile Supreme Court and court of appeals decisions, combined with the Court’s unwillingness to rein in boilerplate arbitration clauses in consumer agreements, has led a number of scholars to proclaim that class actions are dead, or at least dying. While appreciating that this framing puts the unquestioned decline of class actions into stark relief, I have been skeptical of the narrative. The recent amendments to Rule 23, for instance, show that policymakers still believe that class actions have salience, and the myriad state-court class actions that fly beneath the jurisdictional radar of the Class Action Fairness Act belie the class action’s demise … (more)

[Jay Tidmarsh, JOTWELL, 12 February]

Leave a Reply