Class Actions in the Year 2026: A Prognosis

In this Article, I offer my predictions on what the class action landscape will look like a decade from now. Those predictions fall into several categories: First, I discuss whether the basic class action framework¿Federal Rule of Civil Procedure 23¿is likely to be revamped in the next decade. I predict that there is little chance that the basic structure of Rule 23 will change. Second, I examine the likely state of class action jurisprudence in the year 2026.

Third, I focus on the administration and resolution of class actions and offer two predictions: (1) by 2026, a significantly larger number of class action cases will go to trial than at any time since 1966; and (2) technological changes will fundamentally alter the mechanics of class action practice, offering more sophisticated tools for notice, participation by class members, and distribution of settlement proceeds.