Post Preview: The Next Death Threat to Class Actions

Originally published by Barry Barnett.

On November 11, the Supreme Court heard argument in a case that many people thought a majority of justices would use to make aggregate treatment of claims for damages all but impossible to achieve. But when the smoke cleared in the courtroom, a lot of the same folks predicted that the Tyson Foods v. Bouaphakeo blockbuster will prove a dud.

Fans of class actions should wait before raising a triumphant cheer. A 5-4 majority of the Court remains hostile to aggregation of claims, and they have the materials to drop a class action bombshell in the Court’s upcoming Term. My next post, on Monday, November 16, will look at the prospects for a class action killer in 2016-2017.

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Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.

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