Aggregate Litigation & All That We Do Not Know

Abstract

A good article raises a normative question, wrestles with it, and ultimately answers it. A great article also inspires the reader to cogitate. Briana Rosenbaum’s The Rico Trend in Class Action Warfare is undoubtedly a great article. The article addresses a complex and interesting issue—the use of the federal Racketeer Influenced and Corrupt Organizations (“RICO”) statute to sanction attorneys—while also inspiring thought about other fascinating questions. My response to the article will focus on one such question: What do we really know about aggregate litigation?

Keywords: aggregate litigation, RICO, empirical, sanction