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Aggregate Litigation Goes Public: Representative Suits By State Attorneys General, Margaret H. Lemos
Aggregate Litigation Goes Public: Representative Suits By State Attorneys General, Margaret H. Lemos
Faculty Scholarship
State attorneys general represent their citizens in aggregate litigation that bears a striking resemblance to the much-maligned damages class action. Yet, while class actions are subject to a raft of procedural rules designed to protect absent class members, equivalent suits in the public sphere are largely free from constraint. The procedural disconnect between the two categories of aggregate litigation reflects a widespread assumption that attorneys general will adequately represent the interests of the state’s citizens, obviating any need for case-specific mechanisms for assuring the loyalty of lawyer to client.
This Article challenges the presumption of adequate public representation. By conflating …