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Lahav on the Dukes v. Wal-Mart Stores & the Optimal Size of Class Actions

By Lawrence Solum

Alexandra D. Lahav (University of Connecticut - School of Law) has posted The Curse of Bigness and the Optimal Size of Class Actions (Vanderbilt Law Review En Banc, Vol. 63, p. 117, 2010) on SSRN. Here is the abstract:

How big is too big when it comes to class actions? This short essay, written for the Vanderbilt Law Review En Banc roundtable on Dukes v. Wal-Mart Stores, Inc. examines that question. Size in itself should not be a barrier to certification, but courts may rightly be concerned with variation within the class. Variation causes manageability problems, but in some cases (like Dukes) variation can be managed within the class context by judicious use of statistical methods. I also demonstrate why the related argument that this class ought not be certified because it is too big and Wal-Mart will be forced to settle the case out of duress is misguided.

Full post as published by Legal Theory Blog on November 05, 2010 (boomark / email).