Preemptive Strikes In Class Action Litigation

Law360, New York (January 9, 2009, 12:00 AM EST) -- The asymmetrical nature of class action litigation — i.e., it costs plaintiffs little or nothing to make class allegations and it may cost the defendant a great deal to respond to them — is oft-lamented.

Reforms in class action practice (most notably, the Class Action Fairness Act of 2005) have addressed some class action abuses and errors by, among other things, expanding the jurisdiction of federal courts.

Generally, federal courts have shown that they are much more resistant to certification of nationwide or multistate consumer class...
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