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Class Action

When properly used, class action lawsuits can be a valuable part of the legal system. Class action lawsuits were originally designed to benefit consumers by allowing them to more easily join together and seek efficient legal relief as a group or “class” of individuals who have all been affected by a single event or circumstance. In recent years, however, the class action system has become severely abused.

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Issues/Research: Class Action

101 Ways To Improve State Legal Systems

This user's guide to promoting fair and effective civil justice provides policymakers with a compilation of some of the many avenues available to fostering a sound legal system that promotes states’ economies. The reforms are organized into five areas. The first section highlights five reforms that have gained momentum and should be of particular interest to state legislators. The report then considers fair and effective measures that would improve the litigation process, improve product liability law, promote rational liability rules, and rein in excessive damage awards. LEARN MORE »

Source: U.S. Chamber of Commerce
Released: Sep 13, 2012
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Class Actions Seven Years After the Class Action Fairness Act

John H. Beisner delivered this testimony on behalf of the U.S. Chamber Institute for Legal Reform before the Subcommittee on the Constitution of the Committee on the Judiciary, U.S. House of Representatives. LEARN MORE »

Source: U.S. Chamber Institute for Legal Reform
Released: Jun 01, 2012
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Trends in Litigation

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The business community needs to be aware of the latest trends in litigation.  So what are they?  At the 12th Annual Legal Reform Summit on October 26, 2011, we posed that question to several key practitioners.  This brief 3-minute video includes the responses of John H. Beisner, Practice Co-Leader, Mass Torts/Insurance Litigation Practice Area, Skadden, Arps, Slate, Meagher & Flom LLP; The Honorable Thurbert E. Baker, Former Attorney General of Georgia, and Partner, McKenna Long & Aldridge; Katherine L. Adams, Senior Vice President and General Counsel, Honeywell International, Inc.; and Lisa S. Blatt, Partner, Arnold & Porter LLP.

Source: U.S. Chamber Institute for Legal Reform
Released: Jan 20, 2012

Cy Pres: A Not So Charitable Contribution to Class Action Practice

At its 11th Annual Legal Reform Summit on October 27th, 2010, the Institute for Legal Reform released this paper on the use of cy pres. Cy pres awards in class actions engender a multitude of ethical and conflict of interest problems for judges, defendants, plaintiffs and absent class members. LEARN MORE »

Source: Institute for Legal Reform
Released: Oct 27, 2010
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Cy Pres: A Not So Charitable Contribution to Class Action Practice

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John Beisner, a partner at Skadden, Arps, Slate, Meagher & Flom LLP, discusses his paper which outlines how cy pres awards in class actions engender a multitude of ethical & conflict-of-interest problems.

Source: Institute for Legal Reform
Released: Oct 27, 2010

Move to the Head of the Class -- The Latest Developments in Class Action Litigation

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This 2010 Legal Reform Summit panel featured a discussion of hot issues in class action litigation including: employment litigation, Dukes v. Wal-Mart Stores & the use of federal rule 23(b)(2) in class certification; cy pres; & third party financing.

Source: Institute for Legal Reform
Released: Oct 27, 2010

The Globalisation of Class Actions: Safeguards to Curb Litigation Abuse

In recent years, there has been a pronounced trend at both the European Union and Member State level toward adopting class action rules and other aggregate litigation devices. Class action proponents have argued that such mechanisms will promote judicial economy and ensure that injured parties have an effective means of obtaining redress. Although these advocates for class actions recognise that the class action device has been subject to significant abuse in the United States, they generally dismiss the prospect of similar abuse occurring in Europe. Such a potential future, however, needs to be taken seriously – the U.S. experience with class actions demonstrates how such mechanisms can be easily exploited when there are no structural safeguards against misuse.

Source: Institute for Legal Reform
Released: Aug 01, 2008
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Securities Class Action Litigation: The problem, its impact, and the path to reform

Private securities class actions present a serious threat to the health of the U.S. economy. The costs of securities litigation are enormous, but the benefits are miniscule. The culture of abusive class actions, driven by a multibillion dollar plaintiffs’ lawyer industry, is eroding the competitiveness of U.S. capital markets at a time when they face perhaps their greatest threat from foreign competition. The system is broken, and Congress must enact the reforms needed to fix it.

Source: Institute for Legal Reform
Released: Jul 24, 2008
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Schwab v. Philip Morris, 522 F.3d 215

Source: U.S. Court of Appeals for the Second Circuit | Released: Apr 03, 2008
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Amicus Brief: Dukes v. Wal-Mart, 509 F.3d 1168

Source: U.S. Chamber of Commerce | Released: Jan 18, 2008
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