The Future of Class-Action Litigation in a Post-Scalia World

Cruz-Alvarez_FFeatured Expert Contributor – Civil Justice/Class Actions

By Frank Cruz-Alvarez, Shook, Hardy & Bacon L.L.P. (co-authored with Rachel A. Canfield, an associate with the firm)

Over the last thirty years, Associate Justice Antonin Scalia established a powerful presence on the Supreme Court on issues of interest to the business community. WLF’s General Counsel, Mark Chenoweth, deftly addressed this from a broader perspective in a recent interview with Metropolitan Corporate Counsel. In the specific area of class-action litigation, Justice Scalia repeatedly thwarted the plaintiffs’ bar’s efforts to encourage liberal interpretation of Rule of Civil Procedure 23 and broadly applied the preemptive effect of the Federal Arbitration Act (FAA). His death and vacancy have generated much speculation about how the post-Scalia high court will address class actions and other related cases in the terms ahead. Continue reading “The Future of Class-Action Litigation in a Post-Scalia World”