How to Slay the Monster of a Proposed Multistate Class Action

Adventuring heroes in fantasy fiction soon learn to fight different types of evil beast differently.  Some must be fought by fire, some by water, some by the sword, and some by magic.  The hero who foolishly treats diverse opponents the same does so at his peril. 

The Third Circuit recently taught this same basic lesson to the dastardly villains of class action litigation: plaintiffs’ attorneys.  In a recent decision, (see here), the Third Circuit faced an attempt to certify a consumer fraud “class” under the state consumer fraud statutes of all fifty states.

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