The Class Action In Common Law Legal Systems

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The Class Action In Common Law Legal Systems
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Author : Rachael P. Mulheron
language : en
Publisher:
Release Date : 2004
The Class Action In Common Law Legal Systems written by Rachael P. Mulheron and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Class actions 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 Conservative Case For Class Actions
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Author : Brian T. Fitzpatrick
language : en
Publisher: University of Chicago Press
Release Date : 2019-11-01
The Conservative Case For Class Actions written by Brian T. Fitzpatrick and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-01 with Law categories.
Since the 1960s, the class action lawsuit has been a powerful tool for holding businesses accountable. Yet years of attacks by corporate America and unfavorable rulings by the Supreme Court have left its future uncertain. In this book, Brian T. Fitzpatrick makes the case for the importance of class action litigation from a surprising political perspective: an unabashedly conservative point of view. Conservatives have opposed class actions in recent years, but Fitzpatrick argues that they should see such litigation not as a danger to the economy, but as a form of private enforcement of the law. He starts from the premise that all of us, conservatives and libertarians included, believe that markets need at least some rules to thrive, from laws that enforce contracts to laws that prevent companies from committing fraud. He also reminds us that conservatives consider the private sector to be superior to the government in most areas. And the relatively little-discussed intersection of those two beliefs is where the benefits of class action lawsuits become clear: when corporations commit misdeeds, class action lawsuits enlist the private sector to intervene, resulting in a smaller role for the government, lower taxes, and, ultimately, more effective solutions. Offering a novel argument that will surprise partisans on all sides, The Conservative Case for Class Actions is sure to breathe new life into this long-running debate.
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.
The Singapore Legal System
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Author : Kevin Tan
language : en
Publisher: NUS Press
Release Date : 1999
The Singapore Legal System written by Kevin Tan and has been published by NUS Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Law categories.
This is the second edition of the highly successful book first published in 1989. However, it has been extensively revised in content and updated: Eight out of 14 chapters are new including chapters such as The Constitutional Framework of Powers, Alternative Dispute Resolution, and The Singapore Legal System and International Law; and the law on all subjects has been updated.
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.
The Reception And Transmission Of Civil Procedural Law In The Global Society
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Author : Masahisa Deguchi
language : en
Publisher: Garant
Release Date : 2008
The Reception And Transmission Of Civil Procedural Law In The Global Society written by Masahisa Deguchi and has been published by Garant this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.
In modern times, the civil procedural laws of every country have been influenced by those of other countries. For instance, the Japanese legal system was itself influenced by Chinese culture and later developed independently under the policy of national isolation. And since 1868, Japan has modernized its civil procedural law, using French, German, and American law as its models. Japan has recently tried to contribute by way of legislative and legal educational assistance to other Asian countries (Vietnam, Cambodia, etc.) in civil and procedural law. The civil procedural laws of different countries should be expected to harmonize with each other in the global society. This book is the outcome of the Congress of the International Association of Procedural Law at the Ritsumeikan University in Kyoto, Japan. In this book, various outstanding contributors are treating a contemporary legal problem in their own civil procedural systems, including examples from India, the Netherlands, Korea, Italy, China, Japan, etc.
Review Of Civil Litigation Costs
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Author : Great Britain. Ministry of Justice
language : en
Publisher: The Stationery Office
Release Date : 2010
Review Of Civil Litigation Costs written by Great Britain. Ministry of Justice and has been published by The Stationery Office this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
In January 2009, the then Master of the Rolls, Sir Anthony Clarke, appointed Lord Justice Jackson to lead a fundamental review of the rules and principles governing the costs of civil litigation. This report intends to establish how the costs rules operate and how they impact on the behavior of both parties and lawyers.
International Antitrust Litigation
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Author : Jurgen Basedow
language : en
Publisher: Bloomsbury Publishing
Release Date : 2012-02-03
International Antitrust Litigation written by Jurgen Basedow and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-02-03 with Law categories.
The decentralisation of competition law enforcement and the stimulation of private damages actions in the European Union go hand in hand with the increasingly international character of antitrust proceedings. As a consequence, there is an ever-growing need for clear and workable rules to co-ordinate cross-border actions, whether they are of a judicial or administrative nature: rules on jurisdiction, applicable law and recognition as well as rules on sharing of evidence, the protection of business secrets and the interplay between administrative and judicial procedures. This book offers an in-depth analysis of these long neglected yet practically most important topics. It is the fruit of a research project funded by the European Commission, which brought together experts from academia, private practice and policy-making from across Europe and the United States. The 16 chapters cover the relevant provisions of the Brussels I and Rome I and II Regulations, the co-operation mechanisms provided for by Regulation 1/2003 and selected issues of US procedural law (such as discovery) that are highly relevant for transatlantic damages actions. Each contribution critically analyses the existing legislative framework and formulates specific proposals to consolidate and enhance cross-border antitrust litigation in Europe and beyond.
A Comparative Study Of Funding Shareholder Litigation
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Author : Wenjing Chen
language : en
Publisher: Springer
Release Date : 2017-04-25
A Comparative Study Of Funding Shareholder Litigation written by Wenjing Chen and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-04-25 with Law categories.
This book studies the funding problems with shareholder litigation through a functionally comparative way. In fact, funding problems with shareholder lawsuits may largely discourage potential shareholder litigants who bear high financial risk in pursuing such a claim, but on the other hand they may not have much to gain. Considering the lack of incentives for potential shareholder claimants, effective funding techniques should be in place to make shareholder actions function as a corporate governance tool and discipline corporate management. The book analyzes, among others, the practice of funding shareholder litigation in the Australia, Canada, the UK, the US and Israel, and covers all of the typical approaches being used in financing shareholder litigation in the current world. For instance, Israel and Canada (Quebec and Ontario) are probably unique in having a public funding mechanism for derivative actions and class actions, while Australia is the country where third party litigation funding is originated and is growing rapidly. Based on this comparative research, the last part of this book discusses how to fund shareholder litigation in China in context of its social and legal background and what kind of problems need to be solved if certain funding techniques are used.