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Saturday, July 19, 2008

Comments

antoine

It's lawless for judges to refuse to certify these kinds on cases on the ground that a class action is not "superior." Everyone knows that's not what superiority under (b)(3) is all about. Sure, Congress can "revisit" anything it wants (which is exactly what it did recently with respect to the truncation cases); in the meantime, the courts have no business making stuff up.

Ted Frank

See also Murray v. GMAC, 434 F.3d 948 (7th Cir. 2006) (holding that problem of annihilating damages should be addressed at damages stage using principles of State Farm v. Campbell, rather than at class-certification stage) and Grimes v. Raves Motion Pictures Birmingham, LLC, __ F.Supp. 2d ___, No. 07-AR-1397-S (N.D. Ala. May 28, 2008) (holding FACTA unconstitutional because of annihilating damages problem).

http://overlawyered.com/tag/facta/

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