Outside Counsel

New York State Class Actions: Taking a Stand for Labor

, New York Law Journal

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Thomas A. Dickerson writes: I have been writing about New York state class actions under CPLR Article 9 since 1979, and although the proper utilization of Article 9 has on occasion been problematic, there are moments when decisions can, indeed, be inspiring. The First Department's decision in 'Gold v. New York Life Insurance Company' is one of them.

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  • Darren McKinney, American Tort Reform Association, Washington, D.C.

    In finalizing his anti-arbitration rule, CFPB director Richard Cordray ignored his own agency‘s study showing that financial services consumers fare significantly better with arbitration than with class actions, wherein the lawyers who concoct them always get the lion‘s share. Cordray did this because he‘s feeling desperate to compete for trial lawyer campaign contributions with his likely rival in next year‘s general election for governor in Ohio, Mike DeWine, who has notably hired professional parasite Mike Moore to direct state litigation against opioid makers with visions of the quarter-trillion-dollar slush fund created by 1998‘s universal tobacco settlement still dancing in their heads. In any case, the rule will be annulled by lawmakers‘ use of the Congressional Review Act or by executive branch order. As for the Gold decision, if it isn‘t overturned by the crumbling former Empire State‘s high court, it certainly will be by the time it gets to the SCOTUS. Meanwhile, out-migration from New York will continue apace as educated young people and beleaguered businesses continue seeking greener economic pastures in less litigious, regulated and taxed jurisdictions.

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