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« "Class Certified in Suit Against UC" | Main | U.S. Supreme Court preemption case: Wyeth v. Levine »

Monday, November 03, 2008


Andrew Sussman

The Thorogood opinion was authored by Judge Posner, one of the founders at the University of Chicago of the "law and economics" school of jurisprudence, which tends to favor market efficiency over pretty much anything else. His views about class actions as expressed here -- particularly after nearly three decades on the appellate bench -- should be no great surprise.

Kimberly A. Kralowec

I do not find his views at all surprising. What I find problematic and yes, suprising, is his (and his colleagues') decision to express those views in a published opinion when the outcome could have been reached without mentioning them.


I love how the neocons never see the other side: that this opinion will allow manufs to say anything about their products and unless each class member can show they knew of the representation and relied on it, there will be no class--and no relief.

When consumers can no longer rely on products they purchase, how will that make the market more efficient? I guarantee you, it will make consumers much more hesitant to buy. It will hurt Sears' reputation and good will. For all of his UC degrees, this is a overblown, dumb, unrealistic opinion.

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