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ARTICLE · 09 APRIL 2014

Tall People And Class Actions

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April Fool’s–a day that one cannot trust what one reads on the Web, is fortunately over.

United StatesLitigation, Mediation & Arbitration
Andrew J. Trask
Andrew J. Trask

April Fool's–a day that one cannot trust what one reads on the Web, is fortunately over. So, please rest assured that Rutgers law student Brandon Riley's note We're Cramped as Hell, and We Won't Take It Anymore: Plotting a Class Action Disability Claim on Behalf of the Very Tall against Air Carriers for a Failure to Accomodate, 44 Rutgers L.J. 123 (2013), is an actual publication with an actual argument. Riley plots out how one might bring a class action on behalf of very tall people (defined, via statistical analysis, as anyone taller than six foot three) under Rule 23(b)(2). The injunction would be preferential seating in the exit row. Interestingly, he concludes that the real difficulty will not be Rule 23, but instead the underlying substantive law:

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