ClassActionBlawg.com

The 200th episode of “South Park” features a class action lawsuit by 200 celebrities led by Tom Cruise against the small fictitious Colorado town.  As a Colorado resident and class action lawyer, I’m dismayed at the lack of attention to detail by the South Park writers when it comes to Colorado class action law.  (Ok, I haven’t actually seen the episode, but I have read a variety of reviews from seemingly reputable entertainment media sources like this one).  Just to set the record straight, in Colorado, as in other U.S. states, class actions are representative in nature.  Although perhaps it makes for better drama, a real class action wouldn’t involve a mob of 200 celebrities storming the courthouse to air their grievances.  Instead, Mr. Cruise would have to show that his claims for being “ripped on” were typical of the claims of other celebrities.  Meanwhile, other victims like Bono, Oprah and the leather clad, leashed Harrison Ford could sit in their cartoon mansions and wait for their court-approved notices, blissfully ignorant that there was any lawsuit going on at all.  Another problem is that some of the putative class members aren’t even real celebrities.  The facts relating to alleged injuries of a cartoon mouse like Mickey obviously do not share commonality with the alleged injuries of a farcical caricature of a real person, such as a giant, mechanical Barbara Streisand.  To be clear, I’m only taking issue with the characterization of class actions in the episode.  I’m sure in all other respects, the depictions of people, places, and events are completely accurate and true to life.

Read Full Post »