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California Supreme Court

May 30, 2009

Counterpoint: Class Action Satisfaction

The state high court was right to preserve the class action as a crucial device for remedying harms suffered by large numbers of people, writes Erwin Chemerinsky.

Erwin Chemerinsky

Dean and Jesse H. Choper Distinguished Professor of Law, UC Berkeley School of Law

Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).

FORUM COLUMN

By Erwin Chemerinsky

The California Supreme Court's recent decision in In re Tobacco II Cases is a major victory for consumers in California. The California Supreme Court followed the literal language of Proposition 64 and the intent of the voters and preserved the class action as a crucial device for remedying harms suffered by large numbers of people.

The decision involves a lawsuit initially filed in 1997on behalf of re...

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