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Reflections on the Future of Class Actions

11 Pages Posted: 16 Jun 2012 Last revised: 11 Dec 2012

Robert H. Klonoff

Lewis & Clark Law School

Date Written: June 14, 2012


This Essay, a condensed version of a longer piece that is forthcoming in the Washington University Law Review, argues that in recent years courts have cut back sharply on the ability to bring class action lawsuits. The Essay surveys ten disturbing trends, each of which makes it increasingly difficult for class representatives and counsel to obtain class certification.

Keywords: class actions, aggregate litigation, Wal-Mart, Dukes, Concepcion, civil procedure, Rule 23, hydrogen peroxide

Suggested Citation

Klonoff, Robert H., Reflections on the Future of Class Actions (June 14, 2012). Loyola University Chicago Law Journal, Forthcoming; Lewis & Clark Law School Legal Studies Research Paper No. 2012-16. Available at SSRN:

Robert H. Klonoff (Contact Author)

Lewis & Clark Law School ( email )

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