Fact Check: Class actions against the government are costly and difficult for most people.

Fact Check: "Class actions against the government are costly and difficult for most people."

What We Know

Class actions against the government can indeed be costly and complex, presenting significant barriers for individuals seeking justice. A report from the University of Chicago Law Review highlights that veterans, in particular, have faced systemic challenges when attempting to bring class actions against the Department of Veterans Affairs (VA) regarding disability benefits. For decades, veterans were unable to utilize class actions, which led to many giving up on their claims due to the lengthy wait times and complicated processes involved in the VA's benefit system (Exhausting Government Class Actions).

The process of navigating the VA system is described as "Kafkaesque," with veterans often facing years of delays and a lack of meaningful legal representation. The average benefit claim could take between five to seven years to resolve, and many veterans are left unrepresented, exacerbating the difficulties of pursuing class actions (Exhausting Government Class Actions). Additionally, the Government Accountability Office (GAO) has noted that the costs associated with defending lawsuits against the government can be substantial, further complicating the landscape for potential class action litigants (Litigation Costs for Justice and Agencies Could Not be ...).

Analysis

The evidence supports the claim that class actions against the government are both costly and difficult for most individuals. The University of Chicago Law Review article provides a detailed account of the barriers faced by veterans, including the lack of access to legal counsel and the lengthy administrative processes that deter many from pursuing their claims (Exhausting Government Class Actions). The report emphasizes that the VA's complex system and the significant backlogs create an environment where class actions are not only challenging but often impractical for the average veteran.

Moreover, the GAO report indicates that the costs associated with litigation against the government can be a deterrent for individuals considering class actions. The financial burden of legal fees, combined with the potential for lengthy delays, makes the prospect of pursuing such actions daunting (Litigation Costs for Justice and Agencies Could Not be ...).

While there are legal frameworks in place, such as Rule 23 of the Federal Rules of Civil Procedure, which governs class actions, the practical application of these rules in cases against the government often reveals significant hurdles. For instance, the recent ruling in Skaar v. McDonough illustrates how procedural requirements can limit the ability of veterans to form classes, as only those who have exhausted all internal appeals can benefit from new class action rules (Exhausting Government Class Actions).

In summary, the combination of high costs, complex procedures, and systemic barriers makes class actions against the government particularly challenging for most individuals.

Conclusion

Verdict: True
The claim that "class actions against the government are costly and difficult for most people" is substantiated by evidence from multiple sources. The systemic challenges faced by veterans in pursuing class actions, coupled with the financial and procedural barriers highlighted in the GAO report, confirm that such legal actions are indeed costly and difficult for the average person.

Fact Check: Class actions against the government are costly and difficult for most people.