2 Readings, 1 Decision: Saltzman V. Pella Corp.

Law360, New York (June 23, 2014, 11:12 AM EDT) -- Yet again, Judge Richard Posner has authored an opinion that will furrow brows on both sides of the class action bar. His opinion in Saltzman v. Pella Corp., begins by noting the class action mechanism's laudable goals and importance to our judicial system — passages that plaintiffs' lawyers will love to quote. But, immediately afterwards, Judge Posner flags the various ways that, in practice, class actions often fail to meet these goals. He notes that class representatives are "[i]nvariably ... selected by class counsel, who as a practical matter control the litigation by the class" and that the class action "is frequently abused" — passages that are music to the ears of defense lawyers....

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