Fact Check: "Class actions against the government are costly and difficult to pursue."
What We Know
Class actions against the government can indeed be both costly and challenging to pursue. According to a pocket guide for judges, class action litigation often involves significant complexities, especially when the government is a defendant. The guide notes that government regulators may lay the groundwork for class action litigation, but the process itself can be fraught with obstacles.
A detailed analysis in the University of Chicago Law Review highlights that low attorney fees, long delays, and ongoing remands create a challenging environment for legal representation in government class actions. This situation is exacerbated by the volume of unrepresented claims, which can overwhelm the system and discourage individuals from pursuing legal action.
Additionally, the Conservative Case for Class Actions discusses the high dismissal rates and settlements in class action cases, indicating that many cases do not reach resolution, which can deter potential plaintiffs from initiating class actions against the government.
Analysis
The claim that class actions against the government are costly and difficult to pursue is supported by multiple sources. The pocket guide for judges provides a foundational understanding of the complexities involved in class action litigation, particularly when the government is involved as a defendant. The guide indicates that the regulatory environment can complicate matters further.
The University of Chicago Law Review offers a more specific examination of the barriers faced by veterans seeking class actions against the Department of Veterans Affairs (VA). It describes how the lack of judicial review and the strategic maneuvers by the government can lead to a situation where many veterans give up on their claims due to the overwhelming challenges, such as lengthy wait times and the complexity of the VA's benefit system.
Furthermore, the Conservative Case for Class Actions illustrates the broader context of class actions, noting that a significant percentage of class actions are dismissed or settled without achieving the intended outcomes. This reality underscores the risks and costs associated with pursuing such actions, particularly against a government entity that may have more resources and legal strategies at its disposal.
While there are mechanisms in place for federal employees and veterans to pursue class actions, the systemic issues highlighted in these analyses suggest that the process remains daunting. The Federal Trade Commission also notes that class actions often involve a lack of local defendants, which can complicate the legal landscape further.
Conclusion
The verdict is True. The evidence clearly indicates that class actions against the government are indeed costly and difficult to pursue. The combination of regulatory complexities, long delays, low attorney fees, and the strategic responses of government entities creates significant barriers for individuals seeking justice through class action lawsuits.
