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The Law Of Class Actions And Other Aggregate Litigation


The Law Of Class Actions And Other Aggregate Litigation
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The Law Of Class Actions And Other Aggregate Litigation


The Law Of Class Actions And Other Aggregate Litigation
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Author : Richard A. Nagareda
language : en
Publisher: Foundation Press
Release Date : 2020-07-08

The Law Of Class Actions And Other Aggregate Litigation written by Richard A. Nagareda and has been published by Foundation Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-07-08 with categories.


The third edition of this casebook reflects the many developments that have occurred in aggregate litigation since 2013 while continuing to treat the subject as a coherent whole. This edition includes a short, systematic introduction to the range of different aggregation techniques and then pays detailed attention to class actions, multidistrict litigation (MDL), parens-patriae suits, bankruptcy, and arbitration. In particular, this edition features a new chapter devoted to MDL, in which topics range from selecting the transferee court, choosing what law should apply, and exploring the judicial role in examining MDL's effect on settlement and leadership selection. As before, the casebook does more than just present the law--it considers multiple perspectives on policy, litigation strategy, judicial practice, financial considerations, and empirical findings. The book fills three gaps in the market for teaching materials on the U.S. civil justice system. First, it treats "aggregate litigation" as a cohesive field of law that encompasses all devices for processing claims en masse. Second, the book confronts forthrightly the reality of our civil justice system as one geared toward settlement, not trial. From this vantage point, the casebook sees the processes for aggregate litigation as vehicles through which to achieve comprehensive, or broadly encompassing, resolution of related civil claims. Third, the book frames the legitimacy of preclusion in aggregate litigation by drawing, among other things, on conceptions of legitimacy in other settings, such as private contract and public legislation. In so doing, the casebook encourages students to see cross-cutting connections with their other courses on such topics as contracts, corporations, and administrative law.



The Cambridge Handbook Of Class Actions


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 Law Of Class Actions And Other Aggregate Litigation


The Law Of Class Actions And Other Aggregate Litigation
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Author : Richard A. Nagareda
language : en
Publisher: Foundation Press
Release Date : 2009-01-01

The Law Of Class Actions And Other Aggregate Litigation written by Richard A. Nagareda and has been published by Foundation Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-01 with Class actions (Civil procedure) categories.




Entrepreneurial Litigation


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 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.



The Law Of Class Actions And Other Aggregate Litigation


The Law Of Class Actions And Other Aggregate Litigation
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Author : Richard A. Nagareda
language : en
Publisher:
Release Date : 2013

The Law Of Class Actions And Other Aggregate Litigation written by Richard A. Nagareda and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Class actions (Civil procedure) categories.


The second edition of this casebook treats the subject of aggregate litigation as a coherent whole. The new authors have preserved the original focus while updating, revising and enriching the discussions of particular topics. The materials on class actions have been tightened and reorganized, reflecting recent judicial decisions that have made class actions harder to certify, and the materials on other procedural devices, including consolidations and arbitration, have been strengthened. The discussions contain more information about litigation strategies, judicial practices, financial considerations, and empirical findings. As before, this book fills three gaps in the market for teaching materials on the U.S. civil justice system. First, it establishes aggregate litigation as a cohesive field of procedural law, one that encompasses all devices for processing claims en masse, including class actions, multi-district litigations and other forms of consolidation, aggregate settlements, parens patriae lawsuits, bankruptcy reorganizations, and private arbitrations. Second, the casebook confronts forthrightly the reality of our civil justice system as one geared toward settlement, not the rare event of trial. From this vantage point, the casebook sees the processes for aggregate litigation as vehicles through which to achieve comprehensive, or broadly encompassing, resolution of related civil claims. Third, the casebook frames the legitimacy of preclusion in aggregate litigation by drawing, among other things, on aspects of private contract and public legislation. In so doing, the casebook encourages students to see cross-cutting connections with their other courses on such topics as contracts, corporations, and administrative law.



The Law And Economics Of Class Actions In Europe


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 Action And New Forms Of Aggregate Litigation In The United States


Class Action And New Forms Of Aggregate Litigation In The United States
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Author : Arthur R. Miller
language : en
Publisher: EGEA spa
Release Date : 2025-01-07T00:00:00+01:00

Class Action And New Forms Of Aggregate Litigation In The United States written by Arthur R. Miller and has been published by EGEA spa this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-01-07T00:00:00+01:00 with Law categories.


The Bocconi University’s Department of Legal Studies is proud to launch its Legal Studies Series with this debut volume, bringing together Arthur R. Miller and Helen Hershkoff, two esteemed U.S. professors of civil procedure with Bocconi professors Marta Cartabia and Cesare Cavallini for a public discussion of class actions and other new and emergent forms of aggregate litigation. Bocconi Rector Francesco Billari presided and emphasized the significance of the class action to the core mission of the Department of Legal Studies, namely, protection and expansion of justice. The far-ranging remarks focused on the origin and development of the class action, its utility in challenging racial and gendered inequalities, as well as market defects, and the potential—and limits—of aggregate litigation to resolve some of the most critical issues of our times, touching on technological change, environmental degradation, economic inequality, and democratic decline. Readers will find this volume to be not only informative, but also inspiring in its passion for justice.



Principles Of The Law Of Aggregate Litigation


Principles Of The Law Of Aggregate Litigation
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Author : The American Law Institute
language : en
Publisher: The American Law Institute
Release Date : 2010-03-01

Principles Of The Law Of Aggregate Litigation written by The American Law Institute and has been published by The American Law Institute this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-03-01 with Law categories.


The Principles aim to help judges, legislators, and others make aggregation decisions correctly, and to improve the management of cases in which aggregation is allowed. In addition to formal aggregation in litigated settings, such as with class actions, the work addresses a broader array of cases that are bundled together and settled or tried to test the value of related claims.



Rights And Retrenchment


Rights And Retrenchment
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Author : Stephen B. Burbank
language : en
Publisher: Cambridge University Press
Release Date : 2017-04-18

Rights And Retrenchment written by Stephen B. Burbank 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 2017-04-18 with Law categories.


This groundbreaking book contributes to an emerging literature that examines responses to the rights revolution that unfolded in the United States during the 1960s and 1970s. Using original archival evidence and data, Stephen B. Burbank and Sean Farhang identify the origins of the counterrevolution against private enforcement of federal law in the first Reagan Administration. They then measure the counterrevolution's trajectory in the elected branches, court rulemaking, and the Supreme Court, evaluate its success in those different lawmaking sites, and test key elements of their argument. Finally, the authors leverage an institutional perspective to explain a striking variation in their results: although the counterrevolution largely failed in more democratic lawmaking sites, in a long series of cases little noticed by the public, an increasingly conservative and ideologically polarized Supreme Court has transformed federal law, making it less friendly, if not hostile, to the enforcement of rights through lawsuits.