The siren song of consumer law in its modern, disembodied state is precisely that everyone should have a day in court, injured or not. To show that this bastard regime cannot be efficient from any perspective is the easy part.
Practice Tip: A Litigator's Guide to the 'Siren Song' of 'Consumer Law' Class Actions
Statutory consumer-protection laws are rapidly displacing common law tort principles. Those behind this disturbing trend say that these lawsuits (typically class actions) represent a "different avenue of relief for a different type of injury." Most admit, however, that they are actually running consumer class actions for "risk of injury" because personal-injury class action torts are too difficult to certify.
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