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How does joinder solve the problem? You still need to motivate all those individual plaintiffs to hire a lawyer and sue, then get a court to join each one (with
by pdabbadabba 9y ago
How does joinder solve the problem? You still need to motivate all those individual plaintiffs to hire a lawyer and sue, then get a court to join each one (with, presumably, opposition from the defendant every time), and then you don't have the benefit of the streamlined class action procedural rules (streamlined relative to a case with several thousand individual plaintiffs, that is). And you still have to pay the lawyers!
I'm not here to say that class actions are the best, or even a good way of regulating, but I really don't see how the joinder rules offer a useful solution.
- bradleyjg 9y agoI don't think the situation described by rz2k is a problem of regulating. The problem he points out is not that Germany didn't sufficiently punish Volkswagen -- though it might not have -- but that the hurt German consumers were not made whole. In terms of being made whole for a substantial tort (on the order of $10k) I don't think standard american tort litigation with joinder is perfect, but I think it is a better base to build upon than rule 23 litigation. With injuries of that size I think it is practical and desirable for cases to be client driven rather than hoping a judge reviewing a settlement will adequately protect the interest of the class as against those of class counsel.