Class Action Dilemmas
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Class Action Dilemmas
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Author : Deborah R. Hensler
language : en
Publisher: Rand Corporation
Release Date : 2000-08-02
Class Action Dilemmas written by Deborah R. Hensler and has been published by Rand Corporation this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-08-02 with Law categories.
Class action lawsuits--allowing one or a few plaintiffs to represent many who seek redress--have long been controversial. The current controversy, centered on lawsuits for money damages, is characterized by sharp disagreement among stakeholders about the kinds of suits being filed, whether plaintiffs' claims are meritorious, and whether resolutions to class actions are fair or socially desirable. Ultimately, these concerns lead many to wonder, Are class actions worth their costs to society and to business? Do they do more harm than good? To describe the landscape of current damage class action litigation, elucidate problems, and identify solutions, the RAND Institute for Civil Justice conducted a study using qualitative and quantitative research methods. The researchers concluded that the controversy over damage class actions has proven intractable because it implicates deeply held but sharply contested ideological views among stakeholders. Nevertheless, many of the political antagonists agree that class action practices merit improvement. The authors argue that both practices and outcomes could be substantially improved if more judges would supervise class action litigation more actively and scrutinize proposed settlements and fee awards more carefully. Educating and empowering judges to take more responsibility for case outcomes--and ensuring that they have the resources to do so--can help the civil justice system achieve a better balance between the public goals of class actions and the private interests that drive them.
Class Action Dilemmas
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Author : Deborah R. Hensler
language : en
Publisher:
Release Date : 1999
Class Action Dilemmas written by Deborah R. Hensler and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Law categories.
Class action lawsuits-allowing one or a few plaintiffs to represent many who seek redress-have long been controversial. The current controversy, centered on lawsuits for money damages, is characterized by sharp disagreement among stakeholders about the kinds of suits being filed, whether plaintiffs' claims are meritorious, and whether resolutions to class actions are fair or socially desirable. Ultimately, these concerns lead many to wonder, "Are class actions worth their costs to society and to business? Do they do more harm than good?" To describe the landscape of current damage class action litigation, elucidate problems, and identify solutions, the RAND Institute for Civil Justice conducted a study using qualitative and quantitative research methods. The researchers concluded that the controversy over damage class actions has proven intractable because it implicates deeply held but sharply contested ideological views among stakeholders. Nevertheless, many of the political antagonists agree that class action practices merit improvement. The authors argue that both practices and outcomes could be substantially improved if more judges would supervise class action litigation more actively and scrutinize proposed settlements and fee awards more carefully. Educating and empowering judges to take more responsibility for case outcomes-and ensuring that they have the resources to do so-can help the civil justice system achieve a better balance between the public goals of class actions and the private interests that drive them.
Class Actions And Other Multi Party Litigation In A Nutshell
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Author : Robert H. Klonoff
language : en
Publisher: West Academic Publishing
Release Date : 2004
Class Actions And Other Multi Party Litigation In A Nutshell written by Robert H. Klonoff and has been published by West Academic Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Class actions (Civil procedure) categories.
Covers all of the major topics of class action law and practice, such as commencement of a class action, requirements for class certification, class action discovery, notice to class members, "opt-out" rights, Seventh Amendment and due process issues, class settlements, remedies, appellate review, issue and claim preclusion, and ethical and policy issues. Also contains a special focus on securities, mass tort, and employment discrimination class actions, defendant class actions and shareholder derivative suits. Explores the latest cutting-edge issues in multi-party litigation and discusses numerous ground-breaking court decisions.
Investor Class Actions
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Author : Kevin E. Lindgren
language : en
Publisher:
Release Date : 2009
Investor Class Actions written by Kevin E. Lindgren and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Class actions (Civil procedure) categories.
"Almost every day, the financial press reports something about investor class actions that have been launched or are expected. In the current economic climate, many investors, large and small, have lost a lot of money. Often, sometimes at the instigation of a litigation funder, they identify someone to sue and join forces in a class action. The class action concept has a capacity to arouse passions. It is seen by some as providing access to justice and a means for the efficient handling by a court of numerous claims. Others perceive the class action as a procedure that enables lawyers and litigation funders to make a lot of money. Certainly the class action has given rise to its own set of issues: pleading problems; numerous and protracted interlocutory disputes; problems of proof of causation of loss and the associated US concept of "fraud on the market". This monograph comprises the papers and proceedings of a Conference on "Investor Class Actions" held at the Federal Court on 10 March 2009. The speakers at the Conference were eminently qualified to address the issues mentioned above and others."--Publisher's website.
Insurance Class Actions In The United States
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Author : Nicholas Michael Pace
language : en
Publisher: Rand Corporation
Release Date : 2007
Insurance Class Actions In The United States written by Nicholas Michael Pace and has been published by Rand Corporation this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Business & Economics categories.
Of methodological approach. Survey results. Issues related to regulation
A Practitioner S Guide To Class Actions
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Author : Marcy Hogan Greer
language : en
Publisher: American Bar Association
Release Date : 2010
A Practitioner S Guide To Class Actions written by Marcy Hogan Greer and has been published by American Bar Association this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Class actions (Civil procedure) categories.
Complete with a state-by-state analysis of the ways in which the class action rules differ from the Federal Rule of Civil Procedure 23, this comprehensive guide provides practitioners with an understanding of the intricacies of a class action lawsuit. Multiple authors contributed to the book, mainly 12 top litigators at the premiere law firm of Fulbright and Jaworski, L.L.P.
Coethnicity
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Author : James Habyarimana
language : en
Publisher: Russell Sage Foundation
Release Date : 2009-07-30
Coethnicity written by James Habyarimana and has been published by Russell Sage Foundation this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-07-30 with Political Science categories.
Ethnically homogenous communities often do a better job than diverse communities of producing public goods such as satisfactory schools and health care, adequate sanitation, and low levels of crime. Coethnicity reports the results of a landmark study that aimed to find out why diversity has this cooperation-undermining effect. The study, conducted in a neighborhood of Kampala, Uganda, notable for both its high levels of diversity and low levels of public goods provision, hones in on the mechanisms that might account for the difficulties diverse societies often face in trying to act collectively. The Mulago-Kyebando Community Study uses behavioral games to explore how the ethnicity of the person with whom one is interacting shapes social behavior. Hundreds of local participants interacted with various partners in laboratory games simulating real-life decisions involving the allocation of money and the completion of joint tasks. Many of the subsequent findings debunk long-standing explanations for diversity’s adverse effects. Contrary to the prevalent notion that shared preferences facilitate ethnic collective action, differences in goals and priorities among participants were not found to be structured along ethnic lines. Nor was there evidence that subjects favored the welfare of their coethnics over that of non-coethnics. When given the opportunity to act altruistically, individuals did not choose to benefit coethnics disproportionately when their actions were anonymous. Yet when anonymity was removed, subjects behaved very differently. With their actions publicly observed, subjects gave significantly more to coethnics, expected their partners to reciprocate, and expected that they would be sanctioned for a failure to cooperate. This effect was most pronounced among individuals who were otherwise least likely to cooperate. These results suggest that what may look like ethnic favoritism is, in fact, a set of reciprocity norms—stronger among coethnics than among non-coethnics—that make it possible for members of more homogeneous communities to take risks, invest, and cooperate without the fear of getting cheated. Such norms may be more subject to change than deeply held ethnic antipathies—a powerful finding for policymakers seeking to design social institutions in diverse societies. Research on ethnic diversity typically draws on either experimental research or field work. Coethnicity does both. By taking the crucial step from observation to experimentation, this study marks a major breakthrough in the study of ethnic diversity. A Volume in the Russell Sage Foundation Series on Trust
The Class Action Playbook
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Author : Brian C. Anderson
language : en
Publisher: Oxford University Press, USA
Release Date : 2010
The Class Action Playbook written by Brian C. Anderson and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
The Class Action Playbook is a unique and strategic "how to" guide for practitioners seeking to bring or defend a class action. Every important issue is addressed, including the initial shape of the proposed action, choice of forum, case-management schedules, pre-certification discovery and motions activity, briefing and argument of the class-certification motion, class notice, preparation for trial, class settlements, and the binding effects of class-action judgments. Experienced practitioners Brian Anderson and Andrew Trask analyze what decisions the plaintiff and defendant must make at each stage of a proposed class action, and the considerations that might drive different strategies at each stage. The authors explain the importance of every issue, the choices available to each side, and the factors each side should consider in choosing the best path to follow. The Class Action Playbook also contains a CD-ROM appendix of high-quality example documents used by plaintiffs and defendants in the litigation of each stage of a class action.
Managing Class Action Litigation
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Author : Barbara Jacobs Rothstein
language : en
Publisher:
Release Date : 2009
Managing Class Action Litigation written by Barbara Jacobs Rothstein and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Class actions (Civil procedure) categories.
Entrepreneurial Litigation
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Author : John C. Coffee
language : en
Publisher: Harvard University Press
Release Date : 2015
Entrepreneurial Litigation written by John C. Coffee and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with History categories.
In class actions, attorneys effectively hire clients rather than act as their agent. Lawyer-financed, lawyer-controlled, and lawyer-settled, this entrepreneurial litigation invites lawyers to act in their own interest. John Coffee’s goal is to save class action, not discard it, and to make private enforcement of law more democratically accountable.