Thursday, October 13, 2011
Reading list: After class
Myriam Gilles & Gary Friedman, After Class: Aggregate Litigation in the Wake of AT&T Mobility v. Concepcion, 79 U. Chi. L. Rev. __ (forthcoming 2012): This excellent article looks at numerous restraints imposed on consumer class actions by various developments, including the “coup de grace” of AT&T Mobility v. Concepcion, 131 S.Ct. 1740 (2011). What is to be done? The authors recommend outsourcing AGs’ consumer enforcement powers to private attorneys, with appropriate limits on maximum fees and scrutiny to avoid “pay-to-play” arrangements.