Senator Hatch speaks to ABA audience on the future of class action litigation

Senator Orrin Hatch

Nationally recognized experts came together at an ABA conference Nov. 9 - 11 to talk about the new reality for class action litigation after passage of the Class Action Fairness Act of 2005. They addressed such issues as state v. federal jurisdiction in class action suits, the use of arbitration, and due process and adequacy of representation. Sen. Orrin Hatch of Utah keynoted the event.

Speaking about the Act to a standing room only crowd at the Ritz-Carlton Hotel in Washington, D.C., Hatch said [PDF], "Truly national class actions should not be heard in remote state courts with little tie to any of the parties involved. At the same time, we recognized that there is a place for class action litigation within our legal system. Sometimes they are the best, or even the only, route to securing justice for a large number of plaintiffs. We do not want to discourage legitimate suits against wrongdoers."

In addition to Hatch's remarks, the conference included in-depth discussion of the major changes brought by the Act, how the courts have interpreted and applied its provisions since it passed, and whether one of the goals of the Act - to shift major class action litigation to federal court - has succeeded.

Speakers also addressed challenges and opportunities resulting from the increase of cross-border classes and in class actions in Canada and elsewhere; recent developments in the management of class actions; constitutional issues; what happens when bankruptcy law and class actions meet; and "the end game" - who assures that the settlement is fair to the class members - and what does "fair" really mean anyway?

The conference was sponsored by the ABA Tort Trial & Insurance Section's committees on Toxic Torts and Environmental Law, Business Litigation, Medicine and Law, and Products, General Liability and Consumer Law.

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