The class cert games: Coach, commentator, or critic?

Abstract

This article responds to James Keyte, Paul Eckles, and Karen Lent’s article “From Hydrogen Peroxide to Comcast: The New Rigor in Antitrust Class Actions” (“The New Rigor”). It argues that The New Rigor offers valuable strategic advice to defense counsel – and insight into defense counsel’s strategic thinking – but is much less effective as an objective statement of the law or a normative argument for legal reform. In the parlance that I adopt, The New Rigor succeeds in the role of coach but much less so in the roles of commentator and critic.

Citation

Davis, J.P. (2014), "The class cert games: Coach, commentator, or critic?", The Law and Economics of Class Actions (Research in Law and Economics, Vol. 26), Emerald Group Publishing Limited, Leeds, pp. 65-76. https://doi.org/10.1108/S0193-589520140000026003