Cross-Border Class Actions

Cross-Border Class Actions PDF Author: Arnaud Nuyts
Publisher: Walter de Gruyter
ISBN: 3866539673
Category : Law
Languages : en
Pages : 352

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Book Description
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.

Cross-Border Class Actions

Cross-Border Class Actions PDF Author: Arnaud Nuyts
Publisher: Walter de Gruyter
ISBN: 3866539673
Category : Law
Languages : en
Pages : 352

Get Book Here

Book Description
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.

Class Actions and Government

Class Actions and Government PDF Author: Rachael Mulheron
Publisher: Cambridge University Press
ISBN: 1107043972
Category : Law
Languages : en
Pages : 475

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Book Description
Government, in all of its guises, plays a significant, controversial, and sometimes hidden, role in class actions reform and litigation.

Class Actions in Europe

Class Actions in Europe PDF Author: Alan Uzelac
Publisher: Springer Nature
ISBN: 3030730360
Category : Law
Languages : en
Pages : 400

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Book Description
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.

Resolving Mass Disputes

Resolving Mass Disputes PDF Author: Christopher Hodges
Publisher: Edward Elgar Publishing
ISBN: 178254691X
Category : Law
Languages : en
Pages : 336

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Book Description
Raising a series of questions on resolving mass disputes, and fuelling future debate, this book will provide a challenging and thought-provoking read for law academics, practitioners and policy-makers.

World Class Actions

World Class Actions PDF Author: Paul G. Karlsgodt
Publisher: Oxford University Press, USA
ISBN: 0199730245
Category : Law
Languages : en
Pages : 854

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Book Description
Part I of the book provides a jurisdiction-by-jurisdiction survey of the class action, group, collective, derivative, and other representative action procedures available across the globe. Each chapter is written from a local perspective, by an attorney familiar with the laws, best practices, legal climate, and culture of the jurisdiction.

The Case for an International Court of Civil Justice

The Case for an International Court of Civil Justice PDF Author: Maya Steinitz
Publisher:
ISBN: 1107162858
Category : Law
Languages : en
Pages : 257

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Book Description
An International Court of Civil Justice would give victims of multinationals a day in court while offering corporate defendants a cheaper, fairer litigation alternative.

Defending Class Actions in Canada

Defending Class Actions in Canada PDF Author: McCarthy Tétrault (Firm)
Publisher: CCH Canadian Limited
ISBN: 9781553670766
Category : Business & Economics
Languages : en
Pages : 240

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Book Description


The Law and Economics of Class Actions in Europe

The Law and Economics of Class Actions in Europe PDF Author: Jürgen G. Backhaus
Publisher: Edward Elgar Publishing
ISBN: 1781001243
Category : Law
Languages : en
Pages : 401

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Book Description
'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.

The Cambridge Handbook of Class Actions

The Cambridge Handbook of Class Actions PDF Author: Brian T. Fitzpatrick
Publisher: Cambridge Law Handbooks
ISBN: 1108488587
Category : Law
Languages : en
Pages : 577

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Book Description
International authors describe class action procedure in this concise, comparative, and empirical perspective on aggregate litigation.

Class Actions in Privacy Law

Class Actions in Privacy Law PDF Author: Ignacio N. Cofone
Publisher: Routledge
ISBN: 100021415X
Category : Law
Languages : en
Pages : 141

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Book Description
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.