"Tort Reform"/Prop. 64

by Brian Wolfman

Today, over at Point of Law, Ted Frank has this post on a number of "tort reform" items, including the American Tort Reform Association's new report on what it views as class action abuse. ATRA's basic claim is that consumer class actions today are largely driven by lawyer greed and left-leaning interest group politics and not by a desire to compensate people who have been harmed. For a different point of view on the movement to "reform" consumer class actions, see Ira Rheingold's earlier post on this blog.

Also in today's Point of Law post is a discussion of the current litigation before the California Supreme Court presenting the question whether California's Proposition 64 silently amended the state's consumer protection statutes to require consumer reliance at the same time that it expressly added stricter standing requirements. The Point of Law discussion links to previous posts on this blog on that important litigation.