Comments on a Class Action Rule for Mississippi

Mississippi College Law Review, Forthcoming

Seton Hall Public Law Research Paper No. 29

20 Pages Posted: 8 Mar 2005  

Howard M. Erichson

Fordham University School of Law

Abstract

In an accompanying article for this symposium, I argue that Mississippi should adopt a class action rule. This paper offers specific suggestions on the contents of that rule, and comments on the papers by David Rosenberg and John Scanlon and by Robert Klonoff. Mississippi should adopt a rule that, like the federal rule, permits opt-outs in most money damages class actions but provides for mandatory class actions in a narrow band of cases. Rosenberg and Scanlon overestimate the danger of opt-outs for optimal deterrence, while underestimating the usefulness of opt-outs. The paper comments on Klonoff's positions on various aspects of class action rule drafting. Finally, the paper offers suggestions on how to address what may be the greatest obstacle to adoption of a class action rule in Mississippi - mistrust of judicial authority and a reluctance to expand judicial power. By restricting venue options, facilitating appellate review, and setting forth clear obligations for processes and findings, Mississippi can gain the advantages of the class action procedure while reducing the possibility of abuse.

Keywords: class action, Mississippi, opt-out, Rule 23, venue, judicial abuse

JEL Classification: K40, K41

Suggested Citation

Erichson, Howard M., Comments on a Class Action Rule for Mississippi. Mississippi College Law Review, Forthcoming; Seton Hall Public Law Research Paper No. 29. Available at SSRN: https://ssrn.com/abstract=679040

Howard M. Erichson (Contact Author)

Fordham University School of Law ( email )

150 West 62nd Street
New York, NY 10023
United States
646-312-8233 (Phone)

Paper statistics

Downloads
70
Rank
267,055
Abstract Views
1,438