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HR 985 "fairness" in class action bill

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klingklang77
kraftwerk!

Member since 7/06

11486 total posts

Name:
Völlig losgelöst

HR 985 "fairness" in class action bill

http://thehill.com/blogs/pundits-blog/lawmaker-news/320360-new-republican-bill-would-gut-class-actions-not-improve-them

Brown vs. Board of Education? Yeah this wouldn't happen if this bill is passed.

You can research it further, but all in all, you might want to call your reps about this.

Posted 2/23/17 6:49 AM
 

Pumpkin1
LIF Adult

Member since 12/05

3715 total posts

Name:

HR 985

I have a colleague from law school, a staunch Trump supporter, who runs a lucrative class action law firm. I'm wondering how he is feeling right now about supporting Trump.

Posted 2/23/17 11:40 AM
 

EclecticEsq10810
Bored Esq.

Member since 10/10

2156 total posts

Name:
L.

Re: HR 985 "fairness" in class action bill



Bill might be bad, but I can't tell from that article. Hard for discrimination cases? Yeah, they shouldn't be in class actions except for 23(b)(2) classes anyway. No one has a company wide policy of intentional discrimination. This is just hucksters mad they can't sue everyone for disparate impact.

If you want to make class actions better, require that putative counsel submit sealed bids to the court, and the court chooses the bid which maximizes value to the class. Also, no attorney's fees for any 23(b)(3) class settlement unless the plaintiffs have monetary recovery to the class members. Those two rules alone would filter out 90% of the class action hucksters.

This is just a hand out for big money. Trump selling the middle class American down the stream so to speak. It remains to be seen how this will work out in practice. Current practices encourage class action plaintiffs counsel to bring nonsense claims or colude with defendants to screw the class for their own personal enrichment. That doesn't help consumers either.

Posted 2/23/17 2:53 PM
 

klingklang77
kraftwerk!

Member since 7/06

11486 total posts

Name:
Völlig losgelöst

Re: HR 985 "fairness" in class action bill

Posted by EclecticEsq10810



Bill might be bad, but I can't tell from that article. Hard for discrimination cases? Yeah, they shouldn't be in class actions except for 23(b)(2) classes anyway. No one has a company wide policy of intentional discrimination. This is just hucksters mad they can't sue everyone for disparate impact.

If you want to make class actions better, require that putative counsel submit sealed bids to the court, and the court chooses the bid which maximizes value to the class. Also, no attorney's fees for any 23(b)(3) class settlement unless the plaintiffs have monetary recovery to the class members. Those two rules alone would filter out 90% of the class action hucksters.

This is just a hand out for big money. Trump selling the middle class American down the stream so to speak. It remains to be seen how this will work out in practice. Current practices encourage class action plaintiffs counsel to bring nonsense claims or colude with defendants to screw the class for their own personal enrichment. That doesn't help consumers either.




I'm not a lawyer, so I don't understand the nuances of it all, but I get the main idea.

Here are some more sources:

https://static1.squarespace.com/static/559b2478e4b05d22b1e75b2d/t/58a5e62debbd1a8a000fbcee/1487267374907/Civil+Rights+Opposition+to+HR+985+for+Sign+Ons+-+2.15.17.pdf



https://dailyhornet.com/2017/class-action-killer-bill-passes-house-with-no-debate/

Posted 2/24/17 3:25 PM
 
 

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