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.

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 Law 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.

Defending Class Actions In Canada

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Author : McCarthy Tétrault (Firm)
language : en
Publisher: CCH Canadian Limited
Release Date : 2002

Defending Class Actions In Canada written by McCarthy Tétrault (Firm) and has been published by CCH Canadian Limited this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Business & Economics categories.

The Class Action In Common Law Legal Systems

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Author : Rachael Mulheron
language : en
Publisher: Bloomsbury Publishing
Release Date : 2004-11-15

The Class Action In Common Law Legal Systems written by Rachael Mulheron and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-11-15 with Law categories.

Multi-party litigation is a world-wide legal process, and the class action device is one of its best-known manifestations. As a means of providing access to justice and achieving judicial economies, the class action is gaining increasing endorsement - particularly given the prevalence of mass consumerism of goods and services, and the extent to which the activities and decisions of corporations and government bodies can affect large numbers of people. The primary purpose of this book is to compare and contrast the class action models that apply under the federal regimes of Australia and the United States and the provincial regimes of Ontario and British Columbia in Canada. While the United States model is the most longstanding, there have now been sufficient judicial determinations under each of the studied jurisdictions to provide a constructive basis for comparison. In the context of the drafting and application of a workable class action framework, it is apparent that similar problems have been confronted across these jurisdictions, which in turn promotes a search for assistance in the experience and legal analysis of others. The book is presented in three Parts. The first Part deals with the class action concept and its alternatives, and also discusses and critiques the stance of England where the introduction of the opt-out class action model has been opposed. The second Part focuses upon the various criteria and factors governing commencement of a class action (encompassing matters such as commonality, superiority, suitability, and the class representative). Part 3 examines matters pertaining to conduct of the action itself (such as becoming a class member, notice requirements, settlement, judgments, and costs and fees). The book is written to have practical utility for a wide range of legal practitioners and professionals, such as: academics and students of comparative civil procedure and multi-party litigation; litigation lawyers who may use the reference materials cited to the benefit of their own class action clients; and those charged with law reform who look to adopt the most workable (and avoid the unworkable) features in class action models elsewhere.

The Cambridge Handbook Of Class Actions

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Author : Brian T. Fitzpatrick
language : en
Publisher:
Release Date : 2021-02-18

The Cambridge Handbook Of Class Actions written by Brian T. Fitzpatrick and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-18 with Law categories.

International authors describe class action procedure in this concise, comparative, and empirical perspective on aggregate litigation.

Class Actions And Government

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Author : Rachael Mulheron
language : en
Publisher: Cambridge University Press
Release Date : 2020-04-02

Class Actions And Government written by Rachael Mulheron and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-04-02 with Law categories.

Government, in all of its guises, plays a significant, controversial, and sometimes hidden, role in class actions reform and litigation.

Managing Class Action Litigation

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Author : Barbara Jacobs Rothstein
language : en
Publisher:
Release Date : 2010

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 2010 with Class actions (Civil procedure) categories.

The Law And Economics Of Class Actions In Europe

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Author : Jürgen G. Backhaus
language : en
Publisher: Edward Elgar Publishing
Release Date : 2012-01-01

The Law And Economics Of Class Actions In Europe written by Jürgen G. Backhaus and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-01-01 with Law categories.

'The Law and Economics of Class Actions in Europe marshals an impressive array of expertise from both sides of the Atlantic to illuminate the debate over class action litigation. This volume is a valuable addition to the literature on class actions in both the US and Europe.' – Jennifer Arlen, New York University, School of Law, US 'The availability and performance of class actions is a fundamental question being addressed in many legal systems. Class actions offer a rare opportunity for individuals with small losses to obtain redress against large companies and may provide important incentives to comply with the law. Effective class actions that provide these benefits exist in few countries. This book assembles leading scholars from around the world to provide important new insights into the theory and practice of this important legal procedure.' – Theodore Eisenberg, Cornell University, US This well-documented book discusses the power and limitations of class actions with insights and analysis from a panel of distinguished scholars. It pays special attention to the introduction and the applicability of such a legal device in European civil law countries. The book offers a broad legal and economic investigation, drawing insights from US judicial experience and giving a rigorous discussion of both the philosophical and constitutional aspects and the economic mechanisms and incentives set up by class actions. The Law and Economics of Class Actions in Europe will be a welcome addition to the bookshelf of all those interested in the function of class action litigation for promoting justice and efficiency. In particular, it will benefit graduate and postgraduate students, researchers and academics in law, economics, and law and economics, policymakers, judges and attorneys.

State Of Class Actions Ten Years After The Enactment Of The Class Action Fairness Act

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Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution and Civil Justice
language : en
Publisher:
Release Date : 2015

State Of Class Actions Ten Years After The Enactment Of The Class Action Fairness Act written by United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution and Civil Justice and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Class actions (Civil procedure) categories.

Class Action Fairness Act Of 2001

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Author : United States. Congress. House. Committee on the Judiciary
language : en
Publisher:
Release Date : 2002

Class Action Fairness Act Of 2001 written by United States. Congress. House. Committee on the Judiciary and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Law categories.