Why Amendments to Rule 23 Are Not Enough: A Case for the Federalization of Class Actions

Class action litigation can be a useful tool to protect consumers from corporate misconduct, particularly where the individual claims are too small to be economically viable. However, class actions are subject to abuse by unscrupulous counsel, some of whom use the mechanism to enrich themselves at the expense of the clients they claim to represent. As one commentator has noted, In many of these cases, the victimized consumers often receive pennies, or nearly-worthless coupons, while plaintiffs\u27 counsel receives millions in legal fees. Moreover, class actions are increasingly being filed over frivolous matters, often without the knowledge or consent of the proposed class members. Indeed, although they were [o]nce considered a tool of judicial economy... class actions are now often considered a means of defendant extortion