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Litigation lobby can't get its talking points straight

"The [Class Action Fairness Act] is the first significant Congressional tort 'reform' victory for the radical right and a catastrophe for workers and consumers."
(Dan Zegart, "Tort 'Reform' Triumphs", The Nation Online, Feb. 17).
"Corporations may rue the day they fought for class-action reform."
(Stephanie Mencimer, "Backlog or Backfire?", The American Prospect Online, Feb. 16).

Mencimer argues that federal jurisdiction should be restricted to issues of national importance (one looks forward to her call for the repeal of the IDEA), and that federal courts can't handle the influx of nationwide class actions because "In 2004, the federal courts saw a nearly 10-percent increase in new filings over the previous year." This is curious because she was recently lauded by many blogs for criticizing Stuart Taylor for disagreeing with Mencimer's earlier claim that filings are decreasing. An understandable oversight when, like a drunk and a lamppost, one uses statistics for support rather than illumination.



Rafael Mangual
Project Manager,
Legal Policy

Katherine Lazarski
Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.