What kinds of cases are litigated as class actions?
In the 1960’s, the Federal Rules of Civil Procedure were amended to allow for class actions. The new Rules were promulgated with an eye toward strengthening the hands of government agencies seeking to uphold an enforce then recently enacted civil rights legislation bey the empowerment of private attorneys. Berger & Montagues chairman and founder, David Berger, was a pioneer in applying the class action procedure to antitrust litigation. Class action law has evolved over time and is now used to seek money damages and other relief arising out of securities law violations, consumer fraud, human and civil rights violations, employee benefits disputes, and environmental and mass torts. Berger & Montague has been instrumental in the use and development of the class action device in these areas as well.
The class action device has ancient roots. The Supreme Court has observed that class actions were used to resolve disputes among feudal tenants and manor lords. In addition, a form of the class action was typically used in disputes involving church parishioners and Indian tribes. More recently, class actions have been used in labor disputes, cases alleging consumer fraud, securities and antitrust actions, cases alleging human and civil rights violations, employee benefits disputes, and environmental and mass torts. Donovan Searles, LLC has been instrumental in the use and development of the class action device in these areas as well.
