“The paper doesn’t explain the practical realities of how, for example, one averages differing states’ conceptions of reliance in consumer fraud cases or different statutes of limitation or different unjust enrichment laws or different scienter requirements. These are frequently binary variables not conducive to analog averaging.” Manhattan Institute Center for Legal Policy Adjunct Fellow Ted Frank, critiquing the Rosenberg and McCloud paper that proposes addressing nationwide federal diversity class actions where there are differences in state law by taking an “average law approach.” The paper is summarized elsewhere in this Report.  

PointofLaw.com, August 16, 2010.