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Where's The Party: Do Class Action Plaintiffs Really Prefer State Courts?, Neil J. Marchand
Where's The Party: Do Class Action Plaintiffs Really Prefer State Courts?, Neil J. Marchand
Neil J. Marchand
Scholars and interest groups have discussed litigants’ behavior in the class action context. This paper uses empirical data to determine whether class action plaintiffs actually prefer to litigate their suits in state courts. Despite well-reasoned conjectures on the subject, to date there is a paucity of empirical data on class action litigation, especially at the state court level. This scarcity has thwarted analysis of the likelihood of class certification in the state courts, the Class Action Fairness Act of 2005’s (CAFA) total impact on the judiciary, and the predictability of class action litigation. This study aims to start filling the …
Class Action Activity In Michigan's State And Federal Courts, Neil J. Marchand
Class Action Activity In Michigan's State And Federal Courts, Neil J. Marchand
Neil J. Marchand
This paper represents the first choice of forum analysis for class action suits filed in Michigan’s courts. This paper also analyzes the Class Action Fairness Act’s (CAFA) effects at the state court level, examining CAFA’s effects on Michigan’s state and federal courts. For Michigan’s state courts, available empirical data from January 2000 through December 2007 shows a decrease in state court class action filings, with a significant decline in filings starting in 2002 and ending in 2004. For Michigan’s federal courts, empirical data from July 2001 through June 2007 shows a modest decrease in class action filings. Four hypotheses are …