Can class actions be used to prevent a failure of justice in the judicial system?
California, United States of America
The following excerpt is from Howard Gunty Profit Sharing Plan v. Superior Court of L.A., 105 Cal.Rptr.2d 896, 88 Cal.App.4th 572 (Cal. App. 2001):
While class actions are an important means to prevent a failure of justice in our judicial system, they also carry the potential to create injustice. (Linder v. Thrifty Oil Co. (2000) 23 Cal.4th 429, 435.) "[The] potential for misuse of the class action mechanism is obvious. Its benefits to class members are often nominal and symbolic, with persons other than class members becoming the chief beneficiaries." (Deposit Guaranty Nat. Bank v. Roper (1980) 445 U.S. 326, 339.)
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