Revisiting the Monster: New Myths and Realities of Class Action and Other Large Scale Litigation

Abstract

contrasting the myths and realities of class action litigation in the United States.To some, Professor Miller wrote, the class action lawsuit seemed a "Frankenstein monster," while to others it appeared as a "knight in shining armor."In truth, he argued, class action litigation neither posed the monstrous burdens and risks perceived by its opponents, nor did it offer the promise of achieving an ideal society in our time.1 Professor Miller wrote during an era of high controversy in the United States about class action litigation.In 1966, the Civil Rules Advisory Committee had amended the federal class action rule-Rule 23-in important ways.2Although some members of the committee said their goal was to facilitate civil rights and other class actions aimed at social reform, 3 to the business community it looked as if the as if the main effect had been to spur more and bigger