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A New Era for Class Actions in Connecticut: Collins and its Aftermath
For years, a debate has raged over where to draw the line between ensuring that large numbers of claimants alleging common injuries have meaningful access to the courts and protecting defendants’ substantive rights to demand proof of the elements of each plaintiff’s claim. The chief focus of this debate has been whether the courts have struck an appropriate balance between these competing viewpoints when deciding whether to permit a case to proceed as a class action. Until recently, those advocating that putative class actions should be certified, notwithstanding perceived problems with the need for individualized proof at trial, appeared to have the upper hand in this debate, as Connecticut courts frequently certified classes, relying heavily on the principle that doubts should be resolved in favor of certification.
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To obtain a copy of this article contact Brenda Jacobson at bjacobson@wiggin.com.
