The Extraterritorial Reach of American Class Actions: A Conflict-of-Laws Approach

To what extent may an American class action entertain claims held by foreign class members and governed by foreign law? Thus far, courts and scholars have addressed this question by formulating a body of doctrines—in the domain of personal jurisdiction and class action certification preconditions—that is both incoherent and inefficient. Absent from this practice, however, is any discussion about whether the American class action mechanism itself can have any extraterritorial reach in light of its own regulatory and public virtues. Attuned to these virtues, this Article will offer a typology of class actions and identify the kind of conflict-of-laws considerations that should restrict or extend the territorial reach of class actions. By providing a better understanding of the proper extraterritorial reach of class actions, the Article also seeks to offer valid instrumental guidance for a body of law that is not only adrift but also costly.