Rules rather than theories

If you care about civil litigation in the federal courts, I recommend reading Supreme Court Sends Smelly Washer Case Back For Another Look.  It discusses a recent case sent back to Judge Posner by the Justices regarding class actions.  The underlying case and Judge Posner’s theory of “efficiency” are very important.  For those like me who prefer rules rather than theories for federal trial judges to apply, can you guess how I hope this ultimately ends?


One response

  1. I’m not sure I understand the problem with Posner’s ruling. <i< single theory of damages: the washers develop mold and bad odors prematurely and under normal use. This has already been tacitly admitted by Whirlpool with their universal workaround.

    On the other hand, this layman doesn’t understand this part of Posner’s reasoning: … acceptable to form a class where the question of liability predominated…. How can the question of liability not predominate? That’s the point of any lawsuit, including this one: the company is liable or it is not.

    Eric Hines

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