Specifies that, absent a showing by the moving party of substantial need and good cause (subject to an assessment of whether the burden of the proposed discovery outweighs its likely benefit), a party is not required to provide discovery of four categories of electronically stored information (ESI) as outlined in the legislation. Provides that any party has a nondiscretionary right to interlocutory appeal of class certification. The personal injury bar’s argument against the interlocutory appeal of class action certification orders - that such orders are appealable at the end of a case - fails to take into account the strong incentive that defendants have to settle an unmeritorious case once the class is certified in order to save unnecessary litigation costs. The personal injury bar’s argument against meaningful class action certification standards - that flexible standards make the process more efficient by incorporating all like claims, and more fair by ensuring representation for plaintiffs with claims that would not otherwise be profitable for attorneys - fails to address the hardship imposed by abuse of the device on class members, (who receive pennies, while their lawyers receive millions), defendants, (who are often forced to settle unmeritorious lawsuits), and consumers, (who ultimately bear the burden of class actions through increased costs). April 2020 Press Release “Covid Class Actions Surge – 90% Receive No Benefit”.April 2020 Op-Ed “Class Action Conundrum”.ATRA also supports legislation that allows the interlocutory (immediate) appeal of class action certification orders. ATRA supports state legislation that allows only plaintiffs from the forum state who have suffered the same injury with similar claims against similar defendants to be certified as a class.
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