Class Actions In Context
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Class Actions In Context
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Author : Deborah R. Hensler
language : en
Publisher: Edward Elgar Publishing
Release Date : 2016-05-27
Class Actions In Context written by Deborah R. Hensler 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 2016-05-27 with Law categories.
In recent years collective litigation procedures have spread across the globe, accompanied by hot controversy and normative debate. Yet virtually nothing is known about how these procedures operate in practice. Based on extensive documentary and interview research, this volume presents the results of the first comparative investigation of class actions and group litigation 'in action', in the Americas, Europe, Asia and the Middle East.
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.
Class Actions And Other Multi Party Litigation In A Nutshell
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Author : Robert H. Klonoff
language : en
Publisher: West Publishing Company
Release Date : 1999
Class Actions And Other Multi Party Litigation In A Nutshell written by Robert H. Klonoff and has been published by West Publishing Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Law categories.
This new text covers all of the major topics of class action law & practice, such as commencement of a class action, requirements for class certification, class action discovery, notice to class members, "opt-out" rights, Seventh Amendment & due process issues, class settlements, remedies, appellate review, issue & claim preclusion, & ethical & policy issues. It also contains a special focus on securities, mass tort, & employment discrimination class actions, defendant class actions & shareholder derivative suits. The book explores the latest cutting-edge issues in multi-party litigation & discusses numerous groundbreaking court decisions.
Class Actions In Europe
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Author : Alan Uzelac
language : en
Publisher: Springer Nature
Release Date : 2021-06-23
Class Actions In Europe written by Alan Uzelac and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-06-23 with Law categories.
Not so long ago, class actions were considered to be a textbook example of American exceptionalism; many of their main features were assumed to be incompatible with the culture of the civil law world. However, the tide is changing; while there are now trends in the USA toward limiting or excluding class actions, notorious cases like Dieselgate are moving more and more European jurisdictions to extend the reach of their judicial collective redress mechanisms. For many new fans of class actions, collective redress has become a Holy Grail of sorts, a miraculous tool that will rejuvenate national systems of civil justice and grant them unprecedented power. Still, while the introduction of various forms of representative action has virtually become a fashion, it is anything but certain that attempting to transplant American-style class action will be successful. European judicial structures and legal culture(s) are fundamentally different, which poses a considerable challenge. This book investigates whether class actions in Europe are indeed a Holy Grail or just another wrong turn in the continuing pursuit of just and effective means of protecting the rights of citizens and businesses. It presents both positive and critical perspectives, supplemented by case studies on the latest collectivization trends in Europe’s national civil justice systems. The book also shares the experiences of some non-European jurisdictions that have developed promising hybrid forms of collective redress, such as Canada, Brazil, China, and South Africa. In closing, a selection of topical international cases that raise interesting issues regarding the effectiveness of class actions in an international context are studied and discussed.
Class Actions In Canada
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Author : Jasminka Kalajdzic
language : en
Publisher: UBC Press
Release Date : 2018-05-17
Class Actions In Canada written by Jasminka Kalajdzic and has been published by UBC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-05-17 with Law categories.
Whatever deficits remain in the Canadian project to make justice available to all, class actions have been heralded as a success. They have been employed over the past several decades to overcome barriers to justice for those who would otherwise have no recourse to the courts. First proposing a conceptualization of access to justice that moves beyond mere access to a court procedure, leading expert Jasminka Kalajdzic then methodically assesses survey data and case studies to determine how class action practice fulfills or falls short of its objectives. Class Actions in Canada is a timely exploration of the evolution of collective litigation in Canada.
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.
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.
Class Actions In England And Wales
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Author : Damian Bernard Grave
language : en
Publisher:
Release Date : 2018
Class Actions In England And Wales written by Damian Bernard Grave and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Class actions (Civil procedure) categories.
"The text begins with an overview of the development of class action mechanisms in England and Wales. It then looks at when the English courts will have jurisdiction over collective claims, as well as the challenging issues of applicable law and enforcement of judgments that arise in this context. In a practical and comprehensive manner, it then takes the reader through each stage of the group litigation process, from commencement and conduct to trial and settlement, also addressing issues relating to costs and the important question of how such actions can be funded. Throughout the text, the discussion is illustrated by examples of decisions the courts have reached in practice."--
Entrepreneurial Litigation
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Author : John C. Coffee
language : en
Publisher: Harvard University Press
Release Date : 2015-06-08
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 2015-06-08 with Law 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.
Class Actions And Other Multi Party Litigation
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Author : Robert H. Klonoff
language : en
Publisher: West Academic Publishing
Release Date : 2012-01-01
Class Actions And Other Multi Party Litigation 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 2012-01-01 with Class actions (Civil procedure) categories.