Ascertainability, Injury and the Upside-down View of Class Actions

August 19, 2015

Class actions are a procedural device enabling courts to handle large numbers of similar claims efficiently and economically. The procedural device serves two purposes. Spending $100 to get $50 First, litigation is so expensive and time-consuming that the science of

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Three Equal Branches of Government – Sort of

April 28, 2014

I have a poor excuse for not blogging for a long time — there have been so many issues to blog about that I have been paralyzed.  While true, it is such a lame excuse that I am forcing myself

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The Republican State of Mind: It Only Matters If It Happens to Me

January 04, 2013

Illinois Senator Mark Kirk suffered a stroke about a year ago.  He is only 53 years old, was an active member of the Navy Reserves and worked out regularly, so it was, to say the least, a surprise.  After a

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Dodd-Frank Two Years Later, Part I

September 24, 2012

I spoke recently at the annual conference of the National Association of State Treasurers (“NAST”).  The panel I was on was directed to Dodd-Frank and the impact of its financial reforms two years after the Act became law.  I’m going

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Traditional and New Media in Class Action Notice: The State of Play

March 02, 2012

The following is a guest blog post by Shannon Wheatman of Kinsella Media. As the Internet is increasingly used for communication, entertainment, news and information gathering, class action attorneys frequently ask how the evolving media landscape is affecting our approach

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Disappearing Cases

February 02, 2012

The following is a guest post by F. Paul Bland, Jr., a Senior Attorney for Public Justice. This probably won’t shock you: five members of the U.S. Supreme Court really like mandatory arbitration. Over the last few decades, the most

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Unhappily Musing on the “News”

January 19, 2012

It always amazes me how editors of newspapers can mold public opinion merely by the wording of headline and the placement of a story. The New York Times today gave me another reminder of this insidious practice and ability. If

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Republicans Block Another Obama Nominee, Consumers Suffer Another Blow

December 16, 2011

On Thursday, Dec. 8, in a 53 to 45 vote, Senate Republicans blocked the nomination of Richard Cordray as the Director of the Consumer Financial Protection Bureau. Despite Cordray’s backing by 37 of the nation’s Democratic and Republican Attorneys General,

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Guest Post by AAJ Pres. Gary Paul: U.S. Chamber’s Hypocrisy Exposed

November 17, 2011

The following is a guest post written by President of the American Association for Justice, Gary Paul. Every October the U.S. Chamber of Commerce’s Institute for Legal Reform holds a summit as part of their continued mission as the leading

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Thinking About Taxes

July 08, 2011

Let’s get one thing straight: I would love to have public school teachers, fire departments, police departments, national defense, research, healthcare, social security, prisons, public parks, long-term care for seniors, my retirement and a host of other things that everyone

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