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Expert Analysis

REBUTTAL: Not Everyone Lost In Whirlpool

Law360, New York ( December 8, 2014, 2:04 PM EST) -- Recently a partner at one of the largest corporate defense firms — with per-partner profits exceeding $2 million and firm revenues more than $2 billion — claimed that "everyone still loses" when a class action goes to trial and the defendant wins. Why is this so according to the author? The penned reasoning is that because it cost Whirlpool Corp. to defend itself and class members represented collectively in the case could not bring an individual lawsuit after the loss. The superficiality of the premises and untethered claims to empirical support warrant a rejoinder. . . .

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