Obamacare class-action suit opens a new legal front image

Washington Times, April 23, 2014
Tom Howell Jr., quoting I. Glenn Cohen (Faculty Director)


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[...] Analysts said this appears to be the first case of its kind since Obamacare launched in earnest last fall, and that its form — a class action — could be useful if it meets certain legal criteria.

“In many cases where individuals would not sue on their own behalf individually — because the claim is not valuable enough to justify the lawyer bills — a group of plaintiffs can sue in an aggregated form and thus make it cost-effective to join,” said I. Glenn Cohen, a health policy expert at Harvard Law School.

He said the benefits of such an action only apply if the class is certified in court — a process that will run ashore if attorneys cannot convince the court that each member of the class faces a similar enough set of issues and that a class action is the best way to redress their grievances. [...]

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