View Single Post
Old March 16, 2013, 10:22 PM   #116
Frank Ettin
Join Date: November 23, 2005
Location: California - San Francisco
Posts: 8,775
Originally Posted by btmj
Is a class action permitted in these kinds of cases? i.e. challenging state law in state court?
Well, that's really not what a class action is.

A class action is a particular form of litigation primarily useful to collect money damages or financial restitution when, based on the same facts, a large group of people have suffered what to each of them is a relatively small economic loss. It is useful because it provides a way to pool a lot of small dollar claims, each of which would be economically impractical to pursue individually. A class action can become viable when the aggregate of the pooled claims reaches a sort of economic critical mass, making the remedy financially feasible.

In general the class action form offers no particular strategic or tactical advantage for most RKBA litigation.

In fact there are over 70 RKBA cases currently pending in various stages in federal courts around the country. None of them are framed as class actions, and doing so would offer no advantage.
"It is long been a principle of ours that one is no more armed because he has possession of a firearm than he is a musician because he owns a piano. There is no point in having a gun if you are not capable of using it skillfully." -- Jeff Cooper
Frank Ettin is offline  
Page generated in 0.04881 seconds with 7 queries