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Sergio J. Campos, Class Actions and Justiciability
A lingering issue in class action law concerns the case or controversy requirement of Article III, otherwise known as the requirement of justiciability. For purposes of justiciability doctrines such as...
View ArticleStephen Carr, Reconsidering Indirect-Purchaser Class Actions
Few issues have proven more vexing to private antitrust enforcement than those related to indirect-purchaser class actions. The current dual system of enforcement—federal and state—exacerbates the...
View ArticleStephen Carr, The Problems with Principles of Judicial Review: Dart Cherokee...
Problems of appellate jurisdiction are, by their nature, mainly pragmatic problems. The U.S. Circuit Courts of Appeals are forced to balance the need to provide timely, effective appellate review of...
View ArticleFor Whom the Statute Tolls? Not Even the Sacred Heart: Florida Class Action...
Abstract Class actions are common litigation tools that plaintiffs use to efficiently adjudicate their rights. However, with the passage of the Class Action Fairness Act and the Florida Capacity to Sue...
View ArticleMay Class Counsel Also Represent Lead Plaintiffs?
Abstract For decades, courts and commentators have been aware that thepotential for conflicting interests among the class representatives, classcounsel, and absent class members is inherent in the...
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Jessica Erickson, The New Professional Plaintiffs in Shareholder Litigation
Prof. Erickson In 1995, Congress solved the problem of professional plaintiffs in shareholder litigation—or so it thought. The Private Securities Litigation Reform Act (PSLRA) was designed to end the...
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