Controlling Unconstitutional Class Actions: A Blueprint for Future Lawsuit Reform
Class actions often force defendants to settle without due process, undermining the rule of law and individual rights.
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Quick Facts | |
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Report location: | source |
Language: | English |
Publisher: | CATO Institute |
Authors: | Mark Moller |
Geographic focus: | United States |
Methods
The research method involved analyzing the evolution of class actions, their impact on defendants' rights, and the effectiveness of the Class Action Fairness Act. It also proposed reforms to ensure due process in class action proceedings.
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Key Insights
Class actions combine similar legal claims into one proceeding, but have evolved into tools for wealth redistribution and subversion of individual rights. They coerce defendants to settle by depriving them of legal defenses, violating due process. The Class Action Fairness Act fails to address this, merely shifting more actions to federal court without ensuring due process protection. True reform requires changing federal rules to protect constitutional rights, including “opt-in” requirements for class members and restrictions on class treatment of lawsuits requiring individual proof.
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Additional Viewpoints
Categories: English publication language | United States geographic scope | class action fairness act | class actions | due process | federal court | individual proof | individual rights | legal defenses | reform proposals | wealth redistribution