class
action device to extract "blackmail settlements" from
"The TCPA has no fee-shifting provision, which is another reason why the class
action device is so particularly important to these claims."
did not believe that the class
action device was up to the task.
"This is the first class action brought on behalf of LGBTQ workers to be certified and settled, and hopefully the settlement of this action will inspire other LGBTQ workers to employ the class
action device to secure equal rights in the future."
However, the relative knockdown of mosquitoes was consistently higher for the Dual
Action device. This is particularly interesting due to the fact that the Dual
Action device contained less transfluthrin.
This Article argues that in recent years courts have cut back sharply on plaintiffs' ability to bring class action lawsuits, thereby undermining the compensation, deterrence, and efficiency functions of the class
action device. Starting in the mid-1990s, courts began expressing concern about the pressure on defendants to settle after a decision certifying a class.
In Part I, I describe how in the areas of mass torts, securities litigation, antitrust, and others, courts, scholars and legislators have over time come to recognize that the class
action device redefined aspects of the civil system by affecting the content of substantive rights.
It moves the material on the adversary system to the chapter on discovery, which is overhauled and streamlined to focus on the due process requirements for the class
action device. It also includes changes and clarifications of the Federal Courts Jurisdiction and Venue Clarification Act of 2011.
As this Comment will show, judicial concerns regarding lower costs and efficiency provided by arbitration should not justify the presumption of consumer consent to contracts that waive important protections, such as the class
action device.
