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A Class Action Defense Gift From Frank V. Gaos

Law360 (May 3, 2019, 2:31 PM EDT) -- On Wednesday, March 20, 2019, the U.S. Supreme Court issued a per curiam opinion in Frank v. Gaos. Immediately, commentators noted how the Supreme Court had seemingly punted on the issue of cy pres class action settlements and the opinion’s reminder of Spokeo’s importance.

To the careful reader, however, this opinion presents an important argument to defeat class certification. Buried on the last page of Justice Clarence Thomas’ dissent slip opinion, Justice Thomas states:

Further, I question whether a class action is “superior to other available methods for fairly and efficiently adjudicating the controversy” when it serves only as a vehicle...

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