Class Actions

Online
Essay
A Sea Change in Class Action Jurisprudence? Olean v. Bumble Bee Foods LLC and Its Implications for Certifying Classes with Uninjured Members
Katherine Weaver
Katherine Weaver is a J.D. Candidate at the University of Chicago Law School, Class of 2024.

 She thanks Michael T. Brody for his expertise and insight, as well as Matthew Makowski, Renic Sloan, Virginia Robinson, and the University of Chicago Law Review Online team.

In April of 2022, the Ninth Circuit, sitting en banc, handed down the latest decision in its “packaged tuna antitrust saga,” with implications that have the potential to usher in a sea change to class action practice.

Online
Essay
Exhausting Government Class Actions
Adam S. Zimmerman
Adam S. Zimmerman is a Professor of Law and Gerald Rosen Fellow at Loyola Law School, Los Angeles.

I have authored amicus briefs on behalf of law professors of civil procedure, administrative law, and federal courts in several cases supporting veteran class actions, including Skaar v. McDonough. I’m grateful to Maureen Carroll, Helen Hershkoff, Alexandra Lahav, and David Marcus for thoughtful discussion and comments. I’d also like to thank the incredible team at the University of Chicago Law Review Online, including Anson Fung, Annie Kors, and Matthew Makowski.

For decades, veterans were one of the few groups that could not bring class actions when the federal government systematically mishandled their disability benefits.

2
Essay
75.2
Class Actions in the Administrative State: Kalven and Rosenfield Revisited
Richard A. Nagareda
Professor and Director, Cecil D. Branstetter Litigation & Dispute Resolution Program, Vanderbilt University Law School

Brian Fitzpatrick, Samuel Issacharoff, Daniel Rodriguez, Kevin Stack, and participants in faculty workshops at the University of Arizona and Vanderbilt provided helpful comments on earlier drafts. Kelly Walsh provided valuable research assistance.

2
Article
79.2
After Class: Aggregate Litigation in the Wake of AT&T Mobility v Concepcion
Myriam Gilles
Professor of Law, Benjamin N. Cardozo School of Law
Gary Friedman
Attorney, Friedman Law Group LLP

Sincere thanks to Ed Brunet, Arthur Bryant, Sergio Campos, Howard Erichson, Brian Fitzpatrick, Samuel Issacharoff, Margaret Lemos, David Marcus, Geoffrey Miller, Alexander Reinert, Judith Resnik, Charles Silver, Alex Stein, Stewart Sterk, Jean Sternlight, James Tierney, Stephen Ware, and Adam Zimmerman, as well as participants in the Cardozo Law School summer brown bag series, for thoughtful comments. All errors are our own.