constitutional challenges

A few months ago, my colleagues Kevin Ranlett, Phil Dupré, and I began writing a six-part series for Inside Counsel on potential constitutional challenges to class-action lawsuits. The series is now complete, and so I wanted to provide readers with links to our articles. In addition to our overview piece on the subject, we have addressed the following topics:

  • Using due process and federalism-based arguments to prevent plaintiffs from applying a single state’s law to a nationwide or multi-state class in an attempt to sidestep the variations in states’ laws that otherwise would preclude class certification;
  • Challenging proposed


Continue Reading Are Class Actions Unconstitutional? Yes (At Least Sometimes)