NEW ARTICLE FROM PROF. PICHÉ : The Fourth Dimension To Class Actions : Access To A Meaningful Benefit

Abstract: Class actions are procedural devices that are controversial because they purport to bind absent class members without their express consent or participation. They have a DNA of their own, and are, in fact, extraordinary procedural vehicles that serve varying purposes depending on their genre. Some class actions are driven by financial incentives and goals; others are motivated by “the desire to right perceived wrongs”; and still others are seeking to do both. This paper will argue that there is a new dimension to be embraced by class actions — the dimension of benefit. It will apply in all types of class actions, whether large or small, involving small claims distributions or large payouts, in all areas of the substantive law. The paper will discuss the power and legitimacy of class actions; review the traditional class action effects; and suggest that better anticipation of class action outcomes is needed by way of reporting (thereby providing transparency of such outcomes), and applying a cost-benefit approach to class actions.