Newberg On Class Actions Settlement Of Class Actions
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Insurance Class Actions in the United States
Author | : Nicholas M. Pace |
Publisher | : Rand Corporation |
Total Pages | : 199 |
Release | : 2007-05-18 |
Genre | : Law |
ISBN | : 0833042696 |
Class actions, which are civil cases in which parties initiate a lawsuit on behalf of other plaintiffs not specifically named in the complaint, often make headlines and arouse policy debates. However, policymakers and the public know little about most class actions. This book presents the results of surveys of insurers and of state departments of insurance to learn more about class litigation against insurance companies.
A Practitioner's Guide to Class Actions
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.
The Conservative Case for Class Actions
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.
The Conservative Case for Class Actions
Author | : Brian T. Fitzpatrick |
Publisher | : University of Chicago Press |
Total Pages | : 282 |
Release | : 2022-02-19 |
Genre | : Law |
ISBN | : 0226816737 |
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.
Aggregate Litigation
Author | : |
Publisher | : |
Total Pages | : 305 |
Release | : 2010 |
Genre | : Class actions (Civil procedure) |
ISBN | : 9780314927354 |
Class Action Dilemmas
Author | : Deborah R. Hensler |
Publisher | : Rand Corporation |
Total Pages | : 635 |
Release | : 2000-08-02 |
Genre | : Law |
ISBN | : 0833043943 |
Class action lawsuits--allowing one or a few plaintiffs to represent many who seek redress--have long been controversial. The current controversy, centered on lawsuits for money damages, is characterized by sharp disagreement among stakeholders about the kinds of suits being filed, whether plaintiffs' claims are meritorious, and whether resolutions to class actions are fair or socially desirable. Ultimately, these concerns lead many to wonder, Are class actions worth their costs to society and to business? Do they do more harm than good? To describe the landscape of current damage class action litigation, elucidate problems, and identify solutions, the RAND Institute for Civil Justice conducted a study using qualitative and quantitative research methods. The researchers concluded that the controversy over damage class actions has proven intractable because it implicates deeply held but sharply contested ideological views among stakeholders. Nevertheless, many of the political antagonists agree that class action practices merit improvement. The authors argue that both practices and outcomes could be substantially improved if more judges would supervise class action litigation more actively and scrutinize proposed settlements and fee awards more carefully. Educating and empowering judges to take more responsibility for case outcomes--and ensuring that they have the resources to do so--can help the civil justice system achieve a better balance between the public goals of class actions and the private interests that drive them.
The Litigation Explosion
Author | : Walter K. Olson |
Publisher | : Plume Books |
Total Pages | : 408 |
Release | : 1992 |
Genre | : Law |
ISBN | : |
Twenty years ago, Americans saw lawsuits as a last resort; now they're the world's most litigous people. One of the most discussed, debated, and widely reviewed books of 1991, The Litigation Explosion explains why today's laws encourage us to sue first and ask questions later.
Antitrust class actions handbook
Author | : |
Publisher | : American Bar Association |
Total Pages | : 288 |
Release | : |
Genre | : Law |
ISBN | : 9781616327705 |