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 available

class action device t hat exists today. The immediate precursor

of the modern class action is the representative action, which

was made available in the common law courts following the

fusion of Law and Equity in 1873. The representative action

remained restricted in application with the result that even-

tually legislatures introduced class procedures. However, the

authors argue that although the use of the class action device

has greatly expanded in the modern era, this growth has not

always been progressive. Rather, its growth has been realized

in “f‌its and starts,” as at various times, courts, legislatures,

and enforcement agencies have contributed to the def‌inition

of the scope and application of the class action device. Class

actions are important procedural tools that often enable in-

dividuals to achieve justice, however, the ongoing interplay

between the courts, legislatures, and regulatory agencies also

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

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

f‌icient and effective way for all involved.