Fact Check: "Class actions against the government are prohibitively expensive and complex."
What We Know
The claim that class actions against the government are prohibitively expensive and complex has some basis in reality, but it is not entirely accurate. Class actions can indeed be complex, particularly when involving government entities. For instance, the Veterans Court historically struggled with class actions due to a lack of authority to hear them, which contributed to systemic issues faced by veterans seeking benefits (Exhausting Government Class Actions). However, recent changes have allowed the Veterans Court to hear class actions, although challenges remain regarding the accessibility and effectiveness of these actions (Exhausting Government Class Actions).
Moreover, the complexity of class actions is not unique to government cases; it is a characteristic of class action litigation in general, which often involves intricate legal and procedural hurdles (Managing Class Action Litigation: A Pocket Guide for Judges). While the costs associated with these cases can be significant, they are not necessarily prohibitive. The average attorney fee in class actions is around 25%, which is comparable to standard contingency fees in other types of litigation (The Conservative Case for Class Actions).
Analysis
The assertion that class actions against the government are prohibitively expensive and complex is partially supported by the historical context of such cases. The Veterans Court's initial inability to hear class actions meant that many veterans faced significant barriers in seeking justice, leading to claims that the system was inaccessible (Exhausting Government Class Actions). This complexity and expense can deter potential plaintiffs, especially those who may not have the resources to navigate the legal system.
However, the argument that class actions are inherently prohibitively expensive is nuanced. As noted by Brian Fitzpatrick, a legal scholar, the perception of class actions as overly burdensome may be influenced by the lobbying of organizations like the U.S. Chamber of Commerce, which argues against them (The Conservative Case for Class Actions). Fitzpatrick contends that the current legal framework allows for the dismissal of meritless lawsuits more effectively than in the past, suggesting that the system is not as flawed as critics claim.
Additionally, while the median claims rate in consumer class actions is low—around 9%—this does not necessarily mean that the system is failing entirely (The Conservative Case for Class Actions). The complexity of class actions is a broader issue that affects all types of litigation, not just those involving the government.
In evaluating the reliability of sources, the articles from Judicature and the University of Chicago Law Review provide a scholarly perspective on the issues surrounding class actions, while also highlighting the ongoing debates within the legal community. Both sources are credible and offer insights into the complexities of class action litigation.
Conclusion
The claim that class actions against the government are prohibitively expensive and complex is Partially True. While there are significant challenges and complexities associated with class actions, particularly in the context of government litigation, these issues are not unique to this area of law. The costs involved in class actions can be substantial, but they are not necessarily prohibitive for all potential plaintiffs. Moreover, recent legal developments have aimed to improve access to class actions, particularly for veterans, although barriers still exist.
