'Rough Justice' Is Not Justice

Law360, New York (November 6, 2013, 2:59 PM EST) -- Recent decisions from the United States Supreme Court have highlighted the inherent tension in class action litigation between, on one hand, the ideal of an efficient system that can, on a collective basis, vindicate rights that would not otherwise be litigated and, on the other hand, the reality of a just system that neither tramples a defendant’s right to raise all available defenses nor unfairly compromises the claims of absent class members.[1]

This tension has boiled up again in the Third Circuit in the context of...
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