A History of Class Actions: Modern Lessons From Deep Roots

• Author: Michael A Eizenga and Emrys Davis
• Pages: 3-31

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A HISTORY OF CLASS ACTIONS:

MODERN LESSONS FROM DEEP

ROOTS

Michael A Eizenga and Emrys Davis

Abstract: The authors trace the development of the class act ion

from its roots nearly 1,000 years ago to the liberally avai lable

class action device t hat exists today. The immediate precursor

of the modern clas s action is the representat ive action, which

was made available in t he common law courts following t he

fusion of Law and Equity i n 1873. The representative action

remained rest ricted in application with t he result that even-

tually legisl atures introduced cla ss procedures. However, the

authors argue that although t he use of the class action dev ice

has greatly e xpanded in the moder n era, this growt h has not

always been progres sive. Rather, its growth ha s been realize d

in “f‌its and start s,” as at various times, courts, leg islatures,

and enforcement agencies have contributed to the def‌i nition

of the scope and application of the cla ss action device. Class

actions are importa nt procedural tools that often en able in-

dividuals to ach ieve justice, however, the ongoing interplay

between the courts, leg islatures, and reg ulatory agencies also

has the potentia l to be a restraining inf‌luence, to ta me abuses,

and f‌inally, to def‌ine the scope of clas s actions in the most ef-

f‌icient and effective way for all involved.