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3d DCA Watch Addendum -- Judge Salter Makes Giant Boo-Boo.

Everyone knows we love Judge Salter around here, but several readers have alerted me to this whopper, in finding that a class rep is not "adequate" because it (a small company with limited assets) could not shoulder the costs of class notice:

While the class?s attorney?s fees may be contingent, the costs of mailouts, administration of opt-outs, establishment of a web site, expert witness fees, document production, and transcripts, for example, generally fall in significant part on the class representatives.

Could the Judge be referring to some alternative, Superman-like, bizarro universe where class reps themselves -- and not their law firms -- routinely pay the costs of notice, expert fees, doc production and transcripts?

Wouldn't that seem to go against the whole point of class action representation; you know, the damages are small, the victims often poor and unable to bring the action on their own etc.?

"Come on, Ms. Foggybottom -- I know that bank docked a dime a month from you and millions of others wrongly for years, and your damages are about $12. Still, it's time for the notice costs and we'll need $.9 million or else you'll have to drop your claim and owe the defendant their costs and fees!

Also, those video transcripts and expert fees ran another $44k.

By the way, how's your goiter?"

Class action litigators -- am I missing something here?

Don't worry Judge, we still love you, and that's why the rules permit motions for rehearing.

Full post as published by South Florida Lawyers on January 28, 2009 (boomark / email).