Feeds:
Posts
Comments

Archive for May 6th, 2008

Here is an article on CFO.com that caught my eye today.  Reportedly, Republican Congressmen John Boehner and Lamar Smith have sent letters to Democratic majority leaders seeking an investigation into what the article refers to as “the practices of the class actions litigation industry.”

Certainly, there have been some high-profile abuses among members of the plaintiffs’ class action bar recently.  But these are examples of individual arrogance and greed, not evidence of an epidemic in need of a Congressional investigation–especially in light of the myriad other things Congress could be doing these days.  The acts of a few bad apples shouldn’t ruin the bunch. 

Among other things, Boehner and Smith seek “[r]eforms that Congress can make to rid the judicial system of [class action] abuses.”  If you really want to spend government money to prevent class action abuse, here’ s a modest proposal from a class action defense lawyer’s perspective: try better funding for the courts.  If there were more, better-paid judges available to give the time and thoughtful analysis needed in carrying out their function as gatekeepers rather than simply doing whatever they can to manage their overflowing dockets, maybe there wouldn’t be any incentive to pursue frivolous class actions and abusive tactics.  Just an idea.

Read Full Post »