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Tuesday, November 09, 2010

Courts - "Are class-action lawsuits going the way of the Dodo?" [Updated]

That is the first line of Ashby Jones' entry yesterday in the WSJ Law Blog, headed "Is D-Day Approaching For Class-Actions Lawsuits?" More from the beginning of the entry:

On first blush, it sounds crazy. But many legal experts think it could happen if the U.S. Supreme Court rules the way many think it will in a case called AT&T Mobility Services v. Concepcion.

For instance, writes Vanderbilt law professor Brian Fitzpatrick in this opinion piece from the SF Chron: “If the case is decided the way many observers predict, it could end class-action litigation in America as we know it.”

Fitzpatrick does a nice job laying out the rather complicated factual and legal issues in the case.

Nina Totenberg of NPR had a story this morning on Morning Edition titled "High Court Case Tests Bans On Class-Action Suits."

[Updated at 3:43 pm] Here is an AP post-oral argument report. A quote:

The Supreme Court seemed wary about a business-backed challenge that could make it almost impossible for consumers to band together to make claims against their cell phone carriers, cable providers and credit card companies.

Posted by Marcia Oddi on November 9, 2010 10:44 AM
Posted to Courts in general