(That’s just one professor’s opinion. What do other experts think?)
class action settlements
When we interviewed David Anziska back in December 2011, he noted that Team Strauss/Anziska intended to make 2012 the “year of law school litigation.” Keeping that in mind, they certainly started the year off on the right foot when they sued 12 additional law schools on top of the class actions they’d already filed against Cooley Law and New York Law School. Anziska told us that their strategy going forward would be to sue as many law schools as possible in the first half of 2012. How’s that working out for them?
Anziska recently sat down with Bloomberg Law for an on-air interview where he revealed some noteworthy information about the next wave of law school lawsuits. The most relevant piece of information? Twenty more law school class action suits are coming down the pipeline. Which schools will be named as defendants?
In 2009, Professor Martin H. Redish of Northwestern Law School published a book arguing that class actions are in large part unconstitutional: Wholesale Justice: Constitutional Democracy and the Problem of the Class Action Lawsuit (Stanford Univ. Press 2009). Where is the practicing bar?
I understand that nobody reads law review articles or books published by an academic press. And I wouldn’t condemn any practicing lawyer to reading any issue of a law review from cover to cover. But I don’t think it’s asking too much to insist that lawyers remain gently abreast of the academic literature in their field and deploy new ideas aggressively when scholars propose them. Redish’s book shows why in-house counsel should demand more of their outside lawyers.
This post is a two-fer: I’m going both substantive — by summarizing Redish’s argument about why many class actions are unconstitutional — and pragmatic — by criticizing law firms that ignore ideas springing up in the academy that should be used in litigation. (For me, drafting that two-fer is an unusual trick. As regular readers know, it’s typically hard to find even a single thought tucked into one of my columns.)
What does Redish say about class actions, and how have most law firms been derelict?
Here in California, we’re pretty much legally obligated to love our hybrid cars, our medical marijuana, and our activist judges. But what happens when treasured liberal clichés don’t live up to the hype?
A former attorney in Los Angeles is unsatisfied with her Honda Civic hybrid’s gas mileage. It seems her supposedly high-efficiency car was emitting more smog than smug. A class action lawsuit against the auto manufacturer probably won’t give her the relief she wants. So she is taking on Honda in an unusual judicial venue and hoping to remove lawyers from the equation….