Fact Check: Class action lawsuits against the government are prohibitively expensive and complex.

Fact Check: "Class action lawsuits against the government are prohibitively expensive and complex."

What We Know

Class action lawsuits against the government have historically faced significant challenges. A notable example is the case of veterans seeking to challenge the Department of Veterans Affairs (VA) regarding their disability benefits. For decades, veterans were unable to bring class actions due to limitations imposed by the Veterans Judicial Review Act, which created the U.S. Court of Appeals for Veterans Claims. Although this court was expected to handle class actions, it quickly determined it lacked the authority to do so, leaving many veterans without a viable path to challenge systemic issues within the VA's complex benefit system (Exhausting Government Class Actions).

The complexity of the VA's processes, which involve multiple layers of administrative review and often lengthy delays, exacerbates the difficulties faced by veterans. Reports indicate that veterans could wait up to seven years for their claims to be resolved, and many give up due to the overwhelming nature of the system (Exhausting Government Class Actions). Furthermore, the lack of meaningful legal representation due to low attorney fees and the intricacies of the VA's procedures contribute to the perception that class actions are prohibitively expensive and complex (Exhausting Government Class Actions).

Analysis

The assertion that class action lawsuits against the government are prohibitively expensive and complex is supported by evidence regarding the historical context and current challenges faced by plaintiffs, particularly veterans. The Veterans Court's initial refusal to hear class actions and the subsequent complexities introduced by the Skaar v. McDonough decision further illustrate the barriers to legal recourse for large groups of individuals (Exhausting Government Class Actions).

However, it is important to note that the legal landscape is evolving. The Federal Circuit's decision to allow the Veterans Court to hear class actions under the All Writs Act represents a significant shift, potentially enabling more collective legal actions in the future. Nevertheless, the stipulation that veterans must exhaust all internal appeals before class certification could limit the effectiveness of this ruling, as many veterans may not be able to navigate the lengthy and complicated appeals process (Exhausting Government Class Actions).

The complexity of class action litigation is not unique to government cases; it is a common characteristic across various types of class actions. Factors such as the need for commonality among class members, the requirement for adequate representation, and the potential for significant legal fees contribute to the overall complexity and expense of these lawsuits (Managing Class Action Litigation: A Pocket Guide for Judges, The Economics of Class Actions and Class Action Waivers).

While some sources argue that class actions can be a powerful tool for achieving systemic change, the barriers to entry and the costs associated with litigation can indeed make them seem prohibitive for many potential plaintiffs (Class Action - Government Accountability).

Conclusion

The claim that class action lawsuits against the government are prohibitively expensive and complex is Partially True. While there are significant barriers and complexities that can deter individuals from pursuing such actions, recent legal developments indicate a potential for change. The historical context of veterans' struggles with the VA exemplifies the systemic issues that make class actions challenging. However, the evolving legal framework may provide new opportunities for collective legal action in the future.

Fact Check: Class action lawsuits against the government are prohibitively expensive and complex.