A History of Class Actions: Modern Lessons From Deep Roots

AuthorMichael A Eizenga and Emrys Davis
Pages3-31
3
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.

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