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Reply #41: But in fact it *would* make it more difficult to bring such lawsuits [View All]

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Home » Discuss » Archives » General Discussion: Presidential (Through Nov 2009) Donate to DU
Maven Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-26-08 12:29 AM
Response to Reply #38
41. But in fact it *would* make it more difficult to bring such lawsuits
because as I explained in a couple of other posts, a class action is a special type of lawsuit which requires a certain "vetting" process (called certification of the class) before you can even get to court. In other words, the court gets to decide whether or not a particular group of plaintiffs even get to sue based upon the way they're organized, whether they share sufficiently common interests, etc. Federal judges--and the federal rules--are generally more prohibitive on this point thus making class actions more difficult to mount in federal court regardless of how much at fault the defendant may be.
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