Class Actions Part II: A Respite from the Decline

Abstract

In a 2013 article, I explained that the Supreme Court and federal circuits had cut back significantly on plaintiffs' ability to bring class actions. As I explain in the present article, that trend has subsided. First, the Supreme Court has denied certiorari in several high profile cases. Second, the Court's most recent class action rulings have been narrow and fact specific. Third, the federal circuits have likewise adopted narrow and fact specific approaches to class actions. One explanation for this new trend is that defendants have been overly aggressive in their arguments, losing credibility and causing courts to push back.