Where Are We With The Languishing Class Action Cases?

​Defendants embroiled in class proceedings are often times presented with the issue of properly managing cases that languish for years for want of prosecution. Yet, even when plaintiffs fail to properly prosecute such cases, whether due to their complexity, lack of merit, or other reasons, defendants are faced with the predicament of incurring costs, beyond just legal fees, to handle these languishing cases. This issue is propagated when these cases continue on for years raising issues, to name a few, of prejudice, evidence preservation, and ongoing disclosure in financial reports. In these circumstances, defendants often must decide between poking the bear or letting sleeping dogs lie, notwithstanding the costs associated with either approach.