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5 and
even The World Health Organization,
6 it seems that no one is beyond of
the reach of the class action, especially in the wake of the
coronavirus pandemic. But have the plaintiffs in these cases
suffered a bona fide injury caused by the defendants
conduct?
Many contemporary class actions exhibit features of what one
legal scholar of past mass tort waves dubbed the entrepreneurial model
7 of lawyer-driven litigation. This
article examines those features and the problems they present, and
discusses how they can be leveraged in the defense of class
actions-from standing to certification to merits.
Background: The Entrepreneurial Model of Mass