Author: Rich Worf

Does Due Process Limit Aggregate Statutory Damages in Class Actions?

Statutes defining minimum damages per violation, such as many consumer protection laws, often inspire class actions. Plaintiffs argue that certification of such classes is easier because they avoid issues of individualized damages. But in the aggregate, these damages can become immense. As a recent case from the Ninth Circuit shows, however, the Constitution places outer […]

Enforcing Other Courts’ Orders—A Class Action Remedy for Violations of Bankruptcy Discharge?

Bankruptcy, like the class action, is a form of collective adjudication. It is usually regarded as an alternative to the class action, in which the rights of creditors (often in the hundreds, thousands, or even millions) against one or more debtors can be determined through special procedures that need not meet the requirements for class […]

Court Denies Certification of Settlement Class Where Settlement Only Benefited Named Plaintiff

The Second Circuit has observed that “[t]he [trial] judge [in a class action] should not regard himself as an umpire in typical adversary litigation. He sits also as a guardian for class members who have not received a notice or who lack the intellectual or financial resources to press objections.” Weinberger v. Kendrick, 698 F.2d […]