Class Actions

The Supreme Court’s decisions in Wal-Mart Stores, Inc. v. Dukes (2011) and Comcast Corp. v. Behrend (2013) laid down important principles to help prevent abuse of the class action mechanism.  However, plaintiffs’ lawyers have continued to seek certification of broad classes that are not consistent with Rule 23 of the Federal Rules of Civil Procedure or principles of constitutional standing and due process.  The Litigation Center remains extremely active in pushing back on such class action abuse.