Article by Linda S. Mullenix
Since 1995, federal courts have articulated an increasingly conservative class action jurisprudence that has directed federal courts to stringently scrutinize proposed litigation and settlement classes. Consequently, it has become increasingly difficult for plaintiffs to pursue certain types of class actions in the federal arena. In turn, many class counsel have abandoned the federal courts in favor of what are perceived to be more receptive state court forums. Against this backdrop, the Gulf States have earned the reputation as “magnet forums” for class action litigation. This Article examines whether this stereotype is deserved and the extent to which the conservative federal class action jurisprudence since 1995 has “trickled down” to the Gulf State courts. It concludes that the federal jurisprudence has had no effect in Mississippi, and that Florida remains a substantially proplaintiff class action forum. In contrast, the Alabama, Louisiana, and Texas Supreme Courts, within the last eighteen months, have engaged in a substantial rethinking and retrenchment of their state class action jurisprudence. The high courts in these states now have recognized and applied this conservative federal jurisprudence, and it remains to be seen whether the Gulf State trial courts will now slow the pace of class certification and settlement approvals.
About the Author
Linda S. Mullenix. Bernard J. Ward Centennial Professor of Law, University of Texas School of Law. B.A. 1971, City College of New York; M. Phil. 1974, Ph.D. 1977, Columbia University; J.D. 1980, Georgetown University Law Center.
Citation
74 Tul. L. Rev. 1709 (2000)