Cross Border Class Actions
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Cross Border Class Actions
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Author : Arnaud Nuyts
language : en
Publisher: Walter de Gruyter
Release Date : 2013-12-19
Cross Border Class Actions written by Arnaud Nuyts and has been published by Walter de Gruyter this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-12-19 with Law categories.
Whether with regard to mass torts, civil-rights claims or as a means of private enforcement of antitrust and other regulatory policies: Collective redress of civil claims has been gaining in importance in Europe and worldwide. Long associated with the American model of class actions, an increasing number of EU Member States have made their own attempts at collective redress institutions. At the same time, the amendment of the Brussels I Regulation has shied away from dealing with the cross-border aspects of collective redress. In this book, a worldwide group of distinguished experts in private international law, civil procedure and regulatory law evaluate the problems of cross-border collective redress and provide proposals for a "European way" appropriate for the twenty-first century. This very topical work is, thus, indispensable for practitioners, academics, lobbyists and institutional agents.
Jurisdiction And Cross Border Collective Redress
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Author : Alexia Pato
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-07-11
Jurisdiction And Cross Border Collective Redress written by Alexia Pato and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-07-11 with Law categories.
In recent decades, the rise in cross-border law violations has harmed numerous victims around the globe. The damages are often dispersed and low-level. As a result, the private enforcement gap has deepened and collective redress represents an interesting procedural instrument that is able to provide effective access to justice. This book analyses thoroughly the dominant collective redress models adopted in the EU. Data from 13 Member States has been catalogued and categorised. The research mainly focuses on the consumer law field but frequent references to financial and data protection-related cases are made. The dominant collective redress models are then studied from a private international law perspective. In particular, the book highlights the current mismatch between collective redress on the one hand, and rules on international jurisdiction on the other. Additionally, it notes that barriers to cross-border litigation remain significant for victims and their representatives. The unprecedented empirical study included in this book confirms that statement. Observing that EU measures have not satisfactorily lowered those barriers, the author proposes the creation of a new head of jurisdiction for cases of international collective redress. This book will be of interest to private international law scholars, researchers, students, legal practitioners, judges and policy-makers. It is a reference point for those with an interest in cross-border collective redress in particular, and private international law in general.
U S Style Class Actions In Europe
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Author : Linda A. Willett
language : en
Publisher:
Release Date : 2005
U S Style Class Actions In Europe written by Linda A. Willett and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Class actions (Civil procedure) categories.
Class Actions In Privacy Law
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Author : Ignacio N. Cofone
language : en
Publisher: Routledge
Release Date : 2020-10-26
Class Actions In Privacy Law written by Ignacio N. Cofone and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-26 with Law categories.
Class actions in privacy law are rapidly growing as a legal vehicle for citizens around the world to hold corporations liable for privacy violations. Current and future developments in these class actions stand to shift the corporate liability landscape for companies that interact with people’s personal information. Privacy class actions are at the intersection of civil litigation, privacy law, and data protection. Developments in privacy class actions raise complex issues of substantive law as well as challenges to the established procedures governing class action litigation. Their outcomes are integral to the evolution of privacy law and data protection law across jurisdictions. This book brings together established scholars in privacy law, data protection law, and collective litigation to offer a detailed perspective on the present and future of collective litigation for privacy claims. Taking a comparative approach, this book incorporates considerations from consumer protection law, procedural law, cross-border litigation, tort law, and data protection law, which are key to understanding the development of privacy class actions. In doing so, it offers an analysis of the novel challenges they pose for courts, regulatory agencies, scholars, and litigators, together with their potential solutions.
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.
Cross Border Collective Actions In Europe A Legal Challenge
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Author : Brian Bercusson
language : en
Publisher:
Release Date : 2007
Cross Border Collective Actions In Europe A Legal Challenge written by Brian Bercusson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Conflict of laws categories.
In Europe, industrial disputes with a cross-border impact do arise, and will continue to, in other sectors of the economy as well, due to the expanding "Europeanization" of the economy. As a result, they will or may become a more common feature in multinational enterprises when they operate in a European and global context. Recent cases are perfect illustrations of the complex interaction between economic freedoms and the fundamental social right to take collective action. This kind of industrial dispute tends to raise fundamental questions about the position of industrial action within the framework of the EU/EC. At present, the right to take collective action with a cross border impact constitutes a major legal challenge. First, the question arises whether divergence between domestic labor law and domestic private international law impedes the effective use of cross-border collective action. Another quintessential issue that arises is whether Community law itself can become an obstac
Extraterritoriality And Collective Redress
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Author : Duncan Fairgrieve
language : en
Publisher: OUP Oxford
Release Date : 2012-09-27
Extraterritoriality And Collective Redress written by Duncan Fairgrieve and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-09-27 with Law categories.
An expert analysis of the relevant law and jurisprudence in mass litigation, this edited work examines the diverse and complex transnational considerations and issues of collective redress. With contributions from distinguished and authoritative commentators on this topic, the coverage is broad, thorough, and practically focused. The book offers new perspectives on the challenges of collective redress as it innovatively combines a comparative and cross border approach. Organized clearly into sections, it provides in-depth comment on these challenges from a national, European, and global perspective. With detailed analysis of the relevant law and jurisprudence in this area offering a significant practical impact, this book also examines possible solutions to the challenges identified, covering important topics and issues within collective redress mechanisms; the private international law perspective on collective redress; reception of foreign collective redress; and extraterritoriality and US law. Including contributions from the jurisdictions most relevant to these conflict of laws issues, this book unites global expertise to provide information on a complex topic and offer a solution-based approach to the collective redress landscape.
Cross Border Collective Actions In Europe
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Author :
language : en
Publisher:
Release Date : 2007
Cross Border Collective Actions In Europe written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Conflict of laws categories.
Cross Border Eu Competition Law Actions
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Author : Mihail Danov
language : en
Publisher: Bloomsbury Publishing
Release Date : 2013-06-18
Cross Border Eu Competition Law Actions written by Mihail Danov and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-06-18 with Law categories.
This book, written within the framework of a research project funded by the European Commission Civil Justice Programme, identifies the ways in which cross-border EU competition law actions can best be handled in Europe. Employing traditional library-based legal research methods as well as qualitative interviews with legal practitioners in Germany and England (countries sharing different legal traditions) and policy-makers in Brussels, the book considers how private EU competition law actions are functioning at the moment and how they could and should be developed. The study proposes solutions for some of the most pressing practical problems, and includes chapters by the following academics, legal practitioners and judges: Judge I Pelikánová (General Court of the EU); J Lawrence and A Morfey (Freshfields); P Lasok QC (Monckton Chambers); H Mercer QC (Essex Court Chambers); J Webber (Shearman & Sterling); T Reher (CMS Hasche Sigle, Germany); P Bos and J Möhlmann (BarentsKrans, the Netherlands); P Beaumont (Aberdeen); S Bariatti (Milan); G Howells (Manchester); D Fairgrieve (BIICL); J Fitchen (Aberdeen); A Andreangeli (Edinburgh); D Tzakas (Athens Bar, Greece); S Dnes (Sidley Austin, Brussels); F Becker and J Kammin (Kiel University, Germany); and M Danov (Brunel University).
Collective Redress And Private International Law In The Eu
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Author : Thijs Bosters
language : en
Publisher: Springer
Release Date : 2017-07-06
Collective Redress And Private International Law In The Eu written by Thijs Bosters and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-06 with Law categories.
This book specifically covers issues regarding jurisdiction and the recognition andenforcement of judgments in cross-border mass disputes relating to financial services.Collective redress mechanisms, legal mechanisms which can be used to resolve mass disputescollectively, are growing more important. Due to the global increase in cross-bordertrade and financial transactions, the number of cross-border mass disputes has increased.In the EU, several prototypes of collective redress mechanism exist that can be used toresolve mass disputes and, aside from the EU’s recommendation on the drafting oflaws relating to collective redress, a reevaluation of the Brussels Regulation has alsotaken place as on 10 January 2015 the Brussels I-bis Regulation replaced the old BrusselsRegulation dating from 2000. In spite of a minor reference to collective redress in the Commission proposal, BrusselsI-bis does not contain any provision relating to collective redress. As a result, many questionsregarding cross-border mass disputes and the relevant private international law issues remainunanswered and unresolved. This book sets out to describe the most important prototypesby referring to actual collective redress mechanisms. In addition, it also sets out how parties to such mass disputes can confer jurisdiction to courtsin the EU and what the various pitfalls are. Moreover, the rules concerning the recognitionand enforcement of judgments originating from a collective procedure are listed. Ascross-border collective redress mechanisms and the rules of private international law to beused in such a context are still being developed, the goals of private international law andthe goals of the referred collective redress mechanisms are analysed to provide an insightinto how these sets of rules should and could be employed. This book is primarily aimed at researchers, practitioners and lawmakers actively involvedin and/or professionally interested in the field of private international law and collectiveredress mechanisms and should prove very useful in providing them with a greater in-depthunderstanding of the issues at hand. Thijs Bosters is a law clerk at the Dutch Supreme Court. Prior to his work at the SupremeCourt, he was an attorney-at-law with NautaDutilh in The Netherlands, where he workedin the Litigation & Arbitration department.