Civ pro people: Who/what should I start if I want to learn about the controversies about class action litigation? I'm studying a new litigation model that can (theoretically) be used for good but can also be abused. I'm wondering if there are lessons to be learned from class actions. - ThreadSky

design-law.bsky.social • 82 days ago

Civ pro people: Who/what should I start if I want to learn about the controversies about class action litigation? I'm studying a new litigation model that can (theoretically) be used for good but can also be abused. I'm wondering if there are lessons to be learned from class actions.

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davidsug.bsky.social•82 days ago

Non-academic practitioner here with decades of class action experience, as well as mass tort and mass arbitration. I don’t have good academic resources, but more than happy to talk about how theories work in practice.

mbruckner.bsky.social•82 days ago

Adam Zimmerman writes about mass litigation of various sorts @profadamszimmerman.bsky.social

profadamszimmerman.bsky.social•82 days ago

Feel free to reach out! I'm always up for thinking about new forms of mass litigation that raise comparisons to class actions. And aside from Alexi and Beth, there's also @howarderichson.bsky.social, @scamposlaw.bsky.social, @david.noll.org, Maria Glover, Andrew Bradt, Nora Engstrom, & Teddy Rave.

howarderichson.bsky.social•82 days ago

Thanks for tagging me, Adam. Sarah, when thinking about abuse of tools like class actions, be open to both over-empowerment (the criticism one hears from the right and in the popular media) and disempowerment (the bigger problem people like me and Adam and Beth spill ink worrying about).

design-law.bsky.social•82 days ago

Oh, absolutely. I look forward to reading what you've written.

howarderichson.bsky.social•82 days ago

... and, depending on the nature of the tool, keep an eye on the difference between how a tool works in the mostly-imagined realm of actual adjudication, versus how it works in the real-world realm of negotiated resolution (where the lawyers' incentives play a more direct role)

profadamszimmerman.bsky.social•82 days ago

This is a sizable literature, but I should mention there are other classics by others not on here, including big pieces by Jack Coffee, Sam Issacharoff, Geoff Miller, Lynn Baker, Charles Silver, Bob Bone, Judith Resnik, Deborah Hensler, Rhonda Wasserman, and Owen Fiss.

coreyryung.bsky.social•82 days ago

@alahav.bsky.social

alahav.bsky.social•82 days ago

Every procedural device can be used for good or abused.

I think of procedure like a screwdriver. Good for tightening and loosening screws when you're building something, also can be a murder weapon.

mattsteilen.bsky.social•82 days ago

This feels like a challenge. What about notice. How can providing notice be abused

alahav.bsky.social•82 days ago

You provide it formally but not really and then the person loses the whole case.

Next.

mattsteilen.bsky.social•82 days ago

Lol

coreyryung.bsky.social•82 days ago

False. Screwdrivers are not official murder weapons. See generally, Clue.

alahav.bsky.social•82 days ago

Not official.

jdmortenson.bsky.social•82 days ago

definitely did not anticipate where that sentence was gonna end

dannywt.bsky.social•82 days ago

I started off hoping for an interesting cocktail analogy.

alahav.bsky.social•82 days ago

worst cocktail ever

alahav.bsky.social•82 days ago

You hardly know me. It all ends in murrdurr

jdmortenson.bsky.social•82 days ago

*plaintive gaelic reed music begins*

alahav.bsky.social•82 days ago

I am donning my sweater now

design-law.bsky.social•82 days ago

Absolutely. Love that analogy.

swillstroganoff.bsky.social•82 days ago

From what I have observed, (as a non-lawyer) is that when you have proc’l devices that need highly skilled and paid practitioners to use the device will often be used better by folks with the $ to pay. This would tend to lead to such devices being abused, at least if there is no counter balance

robheverly.bsky.social•82 days ago

I hope this isn't completely irrelevant, but you might look at mass arbitration; the piece I know is Maria Glover's very thorough article in the Stanford L. Rev. with that title (she has another in the Wash. U. L. Rev, too, and there are student notes here and there).

design-law.bsky.social•82 days ago

Thanks! I'll check it out.

sweberwaller.bsky.social•82 days ago

Sarah. I teach civ pro and occasionally write about class actions in the antitrust context. Always happy to chat if I can be of help.

jackiegardina.bsky.social•82 days ago

How attorney fees are structured.

david.noll.org•82 days ago

if you're new to the area and trying to get a feel for the debates the best thing to read is probably dave marcus's series of articles on the history of the class action

design-law.bsky.social•82 days ago

Perfect. Thanks!

marciamccormick.bsky.social•82 days ago

There is a lot of good scholarship by @alahav.bsky.social, and Beth Burch, too.

marciamccormick.bsky.social•82 days ago

Also Suzette Malveaux, Richard Nagareda & Robert Klonoff

marciamccormick.bsky.social•82 days ago

Beth may write more on non class aggregate litigation, but still pertinent, I think.

design-law.bsky.social•82 days ago

Thank you!!

lwhensler3.bsky.social•82 days ago

Fisk and Chemerinsky:
https://heinonline.org/HOL/P?h=hein.journals/dukpup7&i=73

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