Class Actions
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Author | : Marcy Hogan Greer |
Publisher | : American Bar Association |
Total Pages | : 1412 |
Release | : 2010 |
Genre | : Law |
ISBN | : 9781604429558 |
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.
Author | : Brian T. Fitzpatrick |
Publisher | : University of Chicago Press |
Total Pages | : 283 |
Release | : 2019-11-01 |
Genre | : Law |
ISBN | : 022665933X |
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.
Author | : Alan Uzelac |
Publisher | : Springer Nature |
Total Pages | : 400 |
Release | : 2021-06-23 |
Genre | : Law |
ISBN | : 3030730360 |
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.
Author | : Gregory C. Cook |
Publisher | : American Bar Association |
Total Pages | : 428 |
Release | : 2018 |
Genre | : Class actions (Civil procedure) |
ISBN | : 9781641052740 |
"This book provides...guidance to lawyers on how to conduct a class action, including both the plaintiff and defense perspective on the key decisions during the class action battle. It looks at each major phase of the action, from the filing of the action to settlement decisions and mechanisms."--
Author | : Rachael Mulheron |
Publisher | : Cambridge University Press |
Total Pages | : 475 |
Release | : 2020-04-02 |
Genre | : Law |
ISBN | : 1107043972 |
Government, in all of its guises, plays a significant, controversial, and sometimes hidden, role in class actions reform and litigation.
Author | : Richard A. Nagareda |
Publisher | : |
Total Pages | : 0 |
Release | : 2013 |
Genre | : Class actions (Civil procedure) |
ISBN | : 9781609302702 |
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.
Author | : Brian Anderson |
Publisher | : OUP USA |
Total Pages | : 0 |
Release | : 2012-11-29 |
Genre | : Law |
ISBN | : 9780199933785 |
The Class Action Playbook is a unique and strategic "how to" guide for practitioners seeking to bring or defend a class action.
Author | : John C. Coffee |
Publisher | : Harvard University Press |
Total Pages | : 318 |
Release | : 2015-06-08 |
Genre | : History |
ISBN | : 0674736796 |
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.
Author | : Steven B. Frank |
Publisher | : HarperCollins |
Total Pages | : 277 |
Release | : 2018-04-03 |
Genre | : Juvenile Fiction |
ISBN | : 132847691X |
NO. MORE. HOMEWORK. That’s what sixth grader Sam Warren tells his teacher while standing on top of his desk. He's fed up with doing endless tasks from the time he gets home to the time he goes to sleep. Suspended for his protest, Sam decides to fight back. He recruits his elderly neighbor/retired attorney Mr. Kalman to help him file a class action lawsuit on behalf of all students in Los Angeles. Their argument? Homework is unconstitutional. With a ragtag team—aspiring masterchef Alistair, numbers gal Catalina, sports whiz Jaesang, rebel big sister Sadie and her tech-savvy boyfriend Sean—Sam takes his case to federal court. He learns about the justice system, kids’ rights, and constitutional law. And he learns that no matter how many times you get knocked down, there's always an appeal...until the nine justices have the last say. Will Sam's quest end in an epic fail, or will he be the hero who saves childhood for all time?
Author | : Rachael Mulheron |
Publisher | : Bloomsbury Publishing |
Total Pages | : 616 |
Release | : 2004-11-15 |
Genre | : Law |
ISBN | : 1847310966 |
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.