Task Force on Class Action Legislation
Introduction
The American Bar Association has established a task force to study and make recommendations on one of the most controversial areas of the law - class actions.
Created by former ABA President Robert E. Hirshon and strongly endorsed by ABA president A.P. Carlton, the ABA Task Force on Class Action Legislation will consider issues arising from proposed legislation that includes expanding federal court jurisdiction over class action lawsuits. The legislation, which enjoys support from the business community as well as opposition from some consumer interests, is a response to claims of class action abuses in some state courts.
What is the Purpose of the Task Force?
The American Bar Association has established a task force to study and make recommendations on one of the most controversial areas of the law - class actions.
The ABA Task Force on Class Action Legislation will consider issues arising from proposed legislation that includes expanding federal court jurisdiction over class action lawsuits.
The chair of the Task Force is Edward F. Sherman, law professor and former dean of Tulane Law School in New Orleans. The Task Force is composed of 15 lawyers experienced in class action practice who represent a diverse range of law practice.
"The creation of this Task Force," Prof. Sherman said, "is an indication of the importance Presidents Hirshon & Carlton and the ABA place on ensuring that this issue not be politicized and be carefully considered by the bench, bar, and general public."
"Our mission is to study the issues from both the plaintiff and defense sides in the hope of finding common ground, " said Sherman. The Task Force will seek out the expertise of judicial rule-making committees, associations of state and federal judges, and organizations with diverse views on class action issues.
The Task Force will also consider proposals for changes in class action practice that affect which court system large class actions belong in. These include overlapping class actions resulting from suits on the same matter being filed in different courts at the same time.
The task force will develop recommendations for consideration by the ABA's policymaking House of Delegates.
Legislative Status
The House of Representatives passed The Class Action Fairness Act of 2002. The Senate Judiciary Committee held a hearing on S.1712 on July 31, 2002 which revealed intense interest in the legislation. The 107th Congress adjourned in December ending all activity on this proposed legislation. The Task Force expects reintroduction of legislation in 2003 as well as a renewed effort by the business community to enact class action reform legislation.
Reports
Testimony
Materials
Task Force Members
The Task Force is composed of two ABA members-at-large, including Sherman and William Conroy of Wayne, Pa. In addition two representatives have been appointed from ABA sections, including Leo Jordan and Thomas Minton representing the Tort Trialand Insurance Practice Section; Rich Wallis and Jeff LeVee representing the Section of Antitrust Law; David Cathcart and Richard Seymour representing the Section of Labor and Employment Law; Elizabeth Stong, a liaison from the Commission on Women in the Profession, and with Tom Allman, representing the Section of Business Law; Robert Clayton and John Beisner representing the Health Law Section; and Dinita James and Jeffrey Greenbaum representing the Section of Litigation. In addition, Lawrence Baca will serve as a liaison from the Commission on Racial and Ethnic Diversity in the Profession, and there will be liaisons from the Section of Individual Rights and Responsibilities and the Judicial Division.
