3d DCA Watch Addendum -- Judge Salter Makes A Giant Boo-Boo.

Everyone knows we love Judge Salter around here, but several readers have alerted me to this whopper, in finding that a class rep is not "adequate" because it (a small company with limited assets) could not personally shoulder the costs of class notice:

While the class’s attorney’s fees may be contingent, the costs of mailouts, administration of opt-outs, establishment of a web site, expert witness fees, document production, and transcripts, for example, generally fall in significant part on the class representatives.

Could the Judge be referring to some alternative, Superman-like, bizarro universe where class reps themselves -- and not their law firms -- routinely pay the costs of notice, expert fees, doc production and transcripts?

Wouldn't that seem to go against the whole point of class action representation; you know, the damages are small, the victims often poor and unable to bring the action on their own etc.?

"Come on, Ms. Foggybottom -- I know that mortgage company docked a dime a month from you and millions of others wrongly for years, and your damages are about $12. Still, it's time for the notice costs and we'll need $.9 million or else you'll have to drop your claim and owe the defendant their costs and fees!

Also, those video transcripts and expert fees ran another $44k, so pay up!

By the way, how's your goiter?"

Class action litigators -- am I missing something here?

Don't worry Judge, we still love you, and that's why the rules permit motions for rehearing.