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1 - The US Class Action from a Utilitarian Perspective

Balancing Social Benefits and Social Costs

from Part I - The United States

Published online by Cambridge University Press:  29 January 2021

Brian T. Fitzpatrick
Affiliation:
Vanderbilt University School of Law
Randall S. Thomas
Affiliation:
Vanderbilt University School of Law
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Summary

The class action is a powerful tool for adjudicating large aggregations of claims in a single proceeding. While it has roots in the representative suit of the eighteenth and nineteenth centuries, the class action in the United States first assumed its modern form in 1966, with extensive revisions to Rule 23 of the Federal Rules of Civil Procedure. Ever since then, it has been the subject of intense and highly polarized debate. Today the class action is under siege, as critics launch sharp attacks and supporters respond with pointed counterattacks. This chapter’s goal is to step back from the fray and reflect on the normative underpinnings of the class action in a more balanced way.

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Chapter
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The Cambridge Handbook of Class Actions
An International Survey
, pp. 3 - 24
Publisher: Cambridge University Press
Print publication year: 2021

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