Northwestern U. lawprof Martin Redish, a well respected academic, has marshaled a careful argument that important elements of the modern American class action lawsuit are unconstitutional. So why, Mark Herrmann wants to know, have defense lawyers not yet taken the opportunity to bring Redish’s theories to judges’ attention in an actual case?
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Where are the aggressive class action defense lawyers?…
Martin Redish’s 2009 Wholesale Justice is an attack on the constitutionality of class actions from the left. Plaintiffs’ attorneys do not hesitate to act entrepreneurially and stake out aggressive positions for the expansion of liability. So, Mark He…