A Comparison of Abuses and Reforms of Class Actions and Multigovernment Lawsuits

Article by William H. Pryor Jr.

Among the most controversial developments in civil litigation in the last twenty years are the uses of two forms of action that are closely related: class actions and multigovernment, especially parens patriae, lawsuits. Whether the industries sued manufacture cigarettes, firearms, or paint, the stakes in these novel civil actions are high and raise large questions about the role of the judiciary. This Article compares the abuses of these forms of action in four areas: (1) the application to cases of mass personal injuries, (2) using dubious theories of liability, (3) attorneys with conflicts of interest, and (4) the intention to force settlement agreements rather than judgments. This Article proposes that recent reforms of class actions should be studied and followed to curtail abuses of multigovernment lawsuits.


About the Author

William H. Pryor Jr. Attorney General of Alabama. J.D. 1987, Tulane University School of Law.

Citation

74 Tul. L. Rev. 1885 (2000)