‘The Reality of Class-Action Appeals’

Bryan Lammon, An Empirical Study of Class-Action Appeals (2020), available at SSRN. Modern class-action scholarship needs more myth-busting. Class-action narratives – for and against aggregate litigation – have spurred decades of procedural reform, from the 2005 Class Action Fairness Act to amendments to Federal Rule of Civil Procedure 23. Scholarship rarely interrogates whether the reality of class-action practice aligns with these narratives. This leaves a potential gulf between scholarship and practice. Bryan Lammon’s ‘An Empirical Study of Class-Action Appeals’ contributes to the growing body of research aimed at bridging this gap … (more)

[Christine Bartholomew, JOTWELL, 27 January]

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