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Cato Podcast

A Libertarian Case for Class-Action Lawsuits

Cato Podcast

Cato Institute

Immigration, News, News Commentary, Peace, 424708, Markets, Government, Libertarian, Policy, Politics, Cato, Defense

4.5979 Ratings

🗓️ 19 October 2018

⏱️ 11 minutes

🧾️ Download transcript

Summary

The class-action lawsuit should become a tool for people who have been wronged by their governments, according to Maurice Thompson of the 1851 Center in Ohio. We spoke last week in Salt Lake City.

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Transcript

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0:00.0

This is the Cato Daily Podcast for Friday, October 19th, 2018.

0:08.0

I'm Caleb Brown. The class action lawsuit is typically a tool for many aggrieved

0:12.3

parties to take on one big entity.

0:15.0

So what if that entity is a government?

0:17.0

Maurice Thompson of the 1851 Center in Ohio sat down with me at the State Policy Network annual meeting to make a

0:23.8

libertarian case for class action lawsuits.

0:27.0

When we think about class action lawsuits, the first thing that pops into my head

0:31.8

is Walmart or people who are feel like they're owed wages. Typically, at least in my mind, I associate them with large groups of workers going up against a corporate entity and saying

0:46.5

we want more or we want this thing justified or not sometimes quite often they probably are

0:51.8

justified but you you make a sometimes quite often they probably are justified.

0:53.6

But you make a case for that libertarians should

0:58.8

be thinking more seriously about class action lawsuits

1:01.8

to achieve ends that individuals might not be able to.

1:06.0

Absolutely. The Libertarian case for class action lawsuits against government is in fact overwhelming. The class action device is relatively

1:17.1

modern invention. It exists in almost no other country besides the United States. And it's only been around for about 50 years

1:24.3

but the response amongst business people and conservatives in particular when they

1:29.8

hear the words class action is so reflexively negative and in some circumstances perhaps

1:37.9

rightly so because these devices are only used by the political left, but in fact a class of taxpayers or people

1:49.4

forced to pay a particular fine or fee are all subject to the same kind of seizure are a perfect

1:57.3

class of individuals to get certified by a court for a class action and to get their money back. We got into this issue from a

2:07.3

Libertarian or right-of-center perspective back in 2014 we won a decision at the Ohio Supreme Court holding that this property

2:17.0

tax that was imposed on this village without a vote was unconstitutional because no

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