I’m pleased to say that I recently published an article, Class Actions: A Survey and Comparison of Federal Law and Maine State Law, that considers Maine class action law in light of federal law, particularly case law in the First Circuit. While class actions are prevalent at the national level, the story thus far has been different in Maine – but that may be changing.
Since 2000, Maine courts have more frequently addressed class action issues. That trend could accelerate, given that plaintiffs may increasingly seek recourse to state courts if the Supreme Court is perceived to be taking a more hostile view of class actions. If this trend continues, Maine law regarding Rule 23 will continue to become more robust. It is likely that Maine law will continue to track federal class action law to some extent, though it has diverged—and may continue to diverge—to some extent as well.
The article provides a primer on the growing body