Class Actions and The Limits of Recovery: The Glass Jaw of Justice

Journal of Legal Technology Risk Management, Fall 2010, Issue 5.1

By David J. Cook

As suggested in this article, pre-judgment remedies available to class action plaintiffs now assume greater importance.  With provisional relief at hand, a plaintiff can assure him/herself of payment, accelerate the pace of litigation, and achieve an earlier final resolution than would be possible with ten (or even twenty) years of bitter and very expensive litigation.  However, the necessity of showing exigent circumstances and posting a security equal to or in excess of the claim renders the pre-judgment attachment inaccessible.

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