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The Story Of A Class: Uses Of Narrative In Public Interest Class Actions Before Certification, Anne E. Ralph
The Story Of A Class: Uses Of Narrative In Public Interest Class Actions Before Certification, Anne E. Ralph
Washington Law Review
When litigants in public interest class actions tell their stories, the narratives can advance the law and influence public debate. But before class members’ stories can vindicate civil rights on the merits, plaintiffs must overcome the hurdle of class certification.
For decades, obtaining class certification under Federal Rule of Civil Procedure 23 was not a significant challenge for plaintiffs seeking to litigate as a class. But recent restrictive procedural developments—including heightened standards for class certification—threaten the powerful stories that can be told through public interest class actions.
Missing in the critical analysis of class action jurisprudence is any discussion of …