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U.S. Supreme Court

Nov. 12, 2015

Courts must consider all class members, not just the 'average' member

Far too many courts have certified plaintiff classes in cases far from what the drafters of the FRCP had in mind. By Richard Samp

Richard A. Samp

Senior Litigation Counsel
New Civil Liberties Alliance

2009 Massachusetts Ave., NW
Washington , DC 20036

Throughout his 40-year career in private law practice in Washington, Richard has specialized in appellate litigation with a focus on constitutional law. He served as chief counsel of the Washington Legal Foundation for more than 30 years.

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By Richard A. Samp

Properly utilized, class actions can serve several laudable goals. By aggregating the often paltry potential recoveries available to individual litigants, class actions overcome the problem of the high costs of litigation, a problem which discourages many litigants from seeking vindication of even meritorious claims. Moreover, they promote judicial economy by reducing the number of occasions on which courts will be required to c...

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