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Author: Robert H. Klonoff
Publisher:
ISBN: 9781647089160
Category : Class actions (Civil procedure)
Languages : en
Pages :
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Book Description
"Completely revised and up to date. Thoroughly covers federal class actions and other multi-party litigation, including case law, applicable rules and statutes, and important secondary sources. Covers all of the major topics of class action law and practice, such as commencement of a class action, requirements for class certification, class action discovery, notice to class members, opt-out rights, Seventh Amendment and due process issues, class settlements, remedies, appellate review, issue and claim preclusion, ethical issues, ADR, and third-party financing. Also contains a special focus on securities, mass tort, and employment discrimination class actions, as well as treatment of federal multidistrict litigation, defendant class actions, bankruptcy, joinder devices under the Federal Rules of Civil Procedure, and shareholder derivative suits. Explores the latest cutting-edge issues in multi-party litigation and discusses numerous ground-breaking court decisions. This latest edition also contains a detailed treatment of the 2018 amendments to the federal class action rule."--
Author: Robert H. Klonoff
Publisher:
ISBN: 9781647089160
Category : Class actions (Civil procedure)
Languages : en
Pages :
Get Book
Book Description
"Completely revised and up to date. Thoroughly covers federal class actions and other multi-party litigation, including case law, applicable rules and statutes, and important secondary sources. Covers all of the major topics of class action law and practice, such as commencement of a class action, requirements for class certification, class action discovery, notice to class members, opt-out rights, Seventh Amendment and due process issues, class settlements, remedies, appellate review, issue and claim preclusion, ethical issues, ADR, and third-party financing. Also contains a special focus on securities, mass tort, and employment discrimination class actions, as well as treatment of federal multidistrict litigation, defendant class actions, bankruptcy, joinder devices under the Federal Rules of Civil Procedure, and shareholder derivative suits. Explores the latest cutting-edge issues in multi-party litigation and discusses numerous ground-breaking court decisions. This latest edition also contains a detailed treatment of the 2018 amendments to the federal class action rule."--
Author: Wayne V. McIntosh
Publisher: UBC Press
ISBN: 0774858788
Category : Law
Languages : en
Pages : 297
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Book Description
Drawing upon insights from law and politics, Multi-Party Litigation outlines the historical development, political design, and regulatory desirability of multi-party litigation strategies in cross-national perspective and describes a battle being fought on multiple fronts by competing interests. By addressing the potential and constraints of litigation, this book offers a comprehensive account of an international issue that will interest students and practitioners of law, politics, and public policy.
Author: Robert H. Klonoff
Publisher:
ISBN: 9781634599269
Category : Class actions (Civil procedure)
Languages : en
Pages : 0
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Book Description
"This casebook focuses on one of the most important and dynamic areas of modern federal civil practice―aggregate-party litigation, particularly class actions and multidistrict litigation. The casebook covers the latest groundbreaking Supreme Court cases involving employment discrimination, arbitration, expert testimony, 'pick offs' of class representatives, aggregate proof of damages, and securities fraud. The book not only provides cutting-edge cases, it also explores litigation strategies used by practitioners and examines the theories underlying complex, multi-party litigation...One unique feature of the book is that it has separate, in-depth sections on mass torts, employment discrimination, and securities fraud. It also has sections that address a host of non-class aggregation devices, including joinder, consolidation, intervention, interpleader, impleader, bankruptcy, derivative suits, and suits involving unincorporated associations."--
Author: Robert H. Klonoff
Publisher: West Academic Publishing
ISBN: 9780314159489
Category : Class actions (Civil procedure)
Languages : en
Pages : 0
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Book Description
This casebook focuses on one of the most important and dynamic areas of modern federal and civil practice - aggregate-party litigation, particularly class actions. Examples of such litigation include path-breaking cases involving Agent Orange, breast implants, tobacco, and contraceptive devices. In addition to class actions, the text addresses joinder, consolidation, intervention, impleader, interpleader, multi-district litigation, and bankruptcy, among other topics. It includes rich theoretical materials, as well as practical discussions useful for a student contemplating a professional focus in class actions. The second edition covers major developments since the first edition, including the 2003 amendments to Rule 23 and the Class Action Fairness Act of 2005. It also includes several major Supreme Court and federal court of appeals decisions that have been handed down since the first edition.
Author: Joanne Blennerhassett
Publisher: Bloomsbury Publishing
ISBN: 1509905308
Category : Law
Languages : en
Pages : 344
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Book Description
This monograph addresses the phenomenon of mass harm and how it may be resolved through collective redress. It examines particularly how such redress may be achieved through mechanisms such as multi-party actions (MPAs). In order to do this, an analytical framework is created against which to evaluate various multi-party procedures. This is illustrated through the experience of a selection of common law jurisdictions in dealing with mass harm – namely that of England and Wales, Canada, Australia and the United States, as well as that of EU collective redress. It examines multi-party action laws benchmarked against the objectives identified in the analytical framework. The phenomenon of environmental mass harm in particular is explored as a case study, as it illustrates some of the difficulties that may arise in mass harm litigation. Also, this work explores where the best solutions for mass harm redress may lie in the future – perhaps in collective actions or through alternatives such as regulation and alternative dispute resolution or a combination of these. Finally, the experience of mass harm litigation in Ireland is examined, as currently this jurisdiction does not have an effective mechanism for dealing with mass harm.
Author: R. Doak Bishop
Publisher:
ISBN: 9780199551729
Category : Law
Languages : en
Pages : 0
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Book Description
This publication from the International Bureau of the Permanent Court of Arbitration (PCA) presents a collection of studies on the key issues found in complex international commercial and investment disputes. Renowned authors from Europe and North America consider issues from perspectives emanating from both the Anglo-American and Continental European legal systems. The authors consider international multiparty arbitration and its attendant problems from both a conceptual and practical perspective, beginning with the overarching legal problems of determining the proper parties to the arbitration and the ambit of contractual consent. Topics which are comprehensively examined include: Joiner of parties and consolidation of arbitral proceedings; the challenges of administration of multiparty arbitrations; investment arbitration involving multiple parties and multiparty issues in investor-state arbitration; classwide arbitration and arbitrating mass investor claims; lessons that can be learnt from mass claims processes; and enforcement issues. The book also includes a practitioner-oriented discussion of multiparty arbitration in the construction industry.
Author: Brian T. Fitzpatrick
Publisher:
ISBN: 1108803881
Category : Law
Languages : en
Pages : 578
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Book Description
Economic activity is more globally integrated than ever before, but so is the scope of corporate misconduct. As more and more people across the world are affected by such malfeasance, the differences in legal redress have become increasingly visible. This transparency has resulted in a growing convergence towards an American model of robust private enforcement of the law, including the class-action lawsuit. This handbook brings together scholars from nearly two dozen countries to describe and assess the class-action procedure (or its equivalent) in their respective countries and, where possible, to offer empirical data on these systems. At the same time, the work presents a variety of multidisciplinary perspectives on class actions, from economics to philosophy, making this handbook an essential resource to academics, lawyers, and policymakers alike.
Author: Bernard Hanotiau
Publisher: Kluwer Law International B.V.
ISBN: 904112442X
Category : Law
Languages : en
Pages : 414
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Book Description
Provides an analysis of the issues arising from multiparty-multicontract arbitrations, including those involving States and groups of companies. This work analyses theories on the basis of which courts and arbitral tribunals determine who are parties to the arbitration clause; and whether an arbitration clause may be extended to non-signatories.
Author: ROBERT H. KLONOFF
Publisher: West Academic Publishing
ISBN: 9781647084134
Category :
Languages : en
Pages : 603
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Book Description
Completely revised and up to date. Thoroughly covers federal class actions and other multi-party litigation, including case law, applicable rules and statutes, and important secondary sources. Covers all of the major topics of class action law and practice, such as commencement of a class action, requirements for class certification, class action discovery, notice to class members, opt- out rights, Seventh Amendment and due process issues, class settlements, remedies, appellate review, issue and claim preclusion, ethical issues, ADR, and third-party financing. Also contains a special focus on securities, mass tort, and employment discrimination class actions, as well as treatment of federal multidistrict litigation, defendant class actions, bankruptcy, joinder devices under the Federal Rules of Civil Procedure, and shareholder derivative suits. Explores the latest cutting-edge issues in multi-party litigation and discusses numerous ground-breaking court decisions. This latest edition also contains a detailed treatment of the 2018 amendments to the federal class action rule.
Author: Carrie Menkel-Meadow
Publisher: Routledge
ISBN: 1351916513
Category : Law
Languages : en
Pages : 480
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Book Description
The articles selected for this volume draw on game theory, political science, psychology, sociology and anthropology to consider how the process of dispute resolution is altered, challenged and made more complex by the presence of multiple parties and/or multiple issues. The volume explores issues of coalition formation, defection, collaboration, commitments, voting practices, and joint decision making in settings of increasing human complexity. Also included are examples of concrete uses of deliberative democracy processes taken from new applications of complex dispute resolution theory and practice. The selected essays represent the latest theoretical advances and challenges in the field and demonstrate attempts to use dispute resolution theory in a wide variety of settings such as political decision making and policy formation; regulatory matters; environmental disputes; healthcare; community disputes; constitutional formation; and in many other controversial issues in the polity.
