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Series

Litigation

Compensation

University of Michigan Law School

2021

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Full-Text Articles in Law

Civil Rights, Access To Counsel, And Injunctive Class Actions In The United States, Maureen Carroll Jan 2021

Civil Rights, Access To Counsel, And Injunctive Class Actions In The United States, Maureen Carroll

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According to a familiar story about class actions in the United States, aggregation promotes access to counsel by increasing the amount of money from which counsel fees can be taken. Courts usually award class counsel a percentage of the monetary recovery obtained on behalf of the class, and class treatment can turn a $30 case into a $3 million case. But what about class actions that do not involve monetary relief at all? Some civil rights plaintiffs seek to stop a violation, rather than to obtain compensation for past harm, and therefore choose to pursue only an injunction or declaratory …