Conservative Scholar Brian T. Fitzpatrick Makes The Case For Class Actions
The Private Enforcement Role of Class Actions
Enforcement By Class Action Better than More Regulation
Evans Law Firm, Inc. is a plaintiff’s law firm. Our lawyers represent individual plaintiffs injured by fraud, financial elder abuse, or other torts or breaches of contract or duty. We also represent individuals who bring actions on behalf of the United States government or the State of California for fraud against governmental agencies. Lastly, we represent groups of injured plaintiffs joined together in class action lawsuits to vindicate their rights or compensation for injury. Class actions lawsuits are often the only way ordinary citizens can be compensated for economic injury. By joining together in class actions, groups of citizens who have suffered similar losses at the hands of the same defendant, can find relief and hopefully change the practice that caused the harm in the first place. In that way, class actions serve as a means of private enforcement of law and fairness in our society
In a thoughtful new book entitled The Conservative Case for Class Actions, Vanderbilt Law School Professor Brian T. Fitzpatrick recognizes just how important class actions are in that sense. Prof. Fitzpatrick is a conservative legal scholar who argues that private enforcement of the rule of law through class actions is a good thing for our society and for our economy. A more robust private enforcement of the rule of law via class actions could, according to Prof. Fitzpatrick, lead to less government regulation and intervention – the kind of result conservative politicians should embrace. We aim to share his ideas with you over the next few weeks as we look at his arguments chapter by chapter.
In total, Professor Fitzpatrick’s arguments provide strong justification for class actions in practical terms. He finds that class actions are more effective than government litigation in enforcing laws and recovering more for economic injury than government actions do. In Prof. Fitzpatrick’s view, class actions share the benefits of other forms of privatization: smaller government, better private incentives, better resources, less bias, self-help and decentralization. Even the most conservative Americans among us, he argues, acknowledge that the business world needs some basic rules against fraud, theft, breach of contract, price fixing, etc. Prof. Fitzpatrick explains that from a business and conservative perspective, enforcement of those basic rules is best accomplished through class actions. In the coming weeks we will set forth his reasoning step by step. Stay tuned!
Ingrid M. Evans and the other plaintiffs’ lawyers at Evans Law Firm, Inc. represent plaintiffs in financial elder abuse cases, consumer fraud cases, cases where consumers are sold unsuitable insurance policies or investment products, and whistleblower and qui tam actions for fraud against agencies of the United States government or the State of California. If you have any of thos types of cases, call Ingrid and the other lawyer at Evans Law Firm at (415) 441-8669, or by email at <a href=”mailto:email@example.com”>firstname.lastname@example.org</a>. Our attorneys have experience with complex financial contracts and large insurance companies. We can help guide your case through a jury trial or toward an equitable settlement. We handle cases involving physical and financial elder abuse, qui tam and whistleblower law, nursing home abuse, whole life insurance and universal life insurance, and indexed, variable, and fixed annuities.