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The class cert games: Coach, commentator, or critic?

In: The Law and Economics of Class Actions

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  • Joshua P. Davis

Abstract

This article responds to James Keyte, Paul Eckles, and Karen Lent’s article “FromHydrogen PeroxidetoComcast: The New Rigor in Antitrust Class Actions” (“The New Rigor”). It argues thatThe New Rigoroffers valuable strategic advice to defense counsel – and insight into defense counsel’s strategic thinking – but is much less effective as an objective statement of the law or a normative argument for legal reform. In the parlance that I adopt,The New Rigorsucceeds in the role of coach but much less so in the roles of commentator and critic.

Suggested Citation

  • Joshua P. Davis, 2014. "The class cert games: Coach, commentator, or critic?," Research in Law and Economics, in: The Law and Economics of Class Actions, volume 26, pages 65-76, Emerald Group Publishing Limited.
    • Handle: RePEc:eme:rlwezz:s0193-589520140000026003
    DOI: 10.1108/S0193-589520140000026003
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    More about this item

    Keywords

    Rigor; class actions; class certification; Daubert; common impact; K41; K21;
    All these keywords.

    JEL classification:

    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process
    • K21 - Law and Economics - - Regulation and Business Law - - - Antitrust Law

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