Providing for consideration of S. 5, Class Action Fairness Act of 2005 PDF Download
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Author: United States. Congress. House. Committee on Rules
Publisher:
ISBN:
Category : Class actions (Civil procedure)
Languages : en
Pages : 16
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Author: United States. Congress. House. Committee on Rules
Publisher:
ISBN:
Category : Class actions (Civil procedure)
Languages : en
Pages : 16
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Author:
Publisher: Government Printing Office
ISBN:
Category :
Languages : en
Pages : 1348
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Author: United States. Congress. Senate. Committee on the Judiciary
Publisher:
ISBN:
Category : Class actions (Civil procedure)
Languages : en
Pages : 96
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Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 836
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Author:
Publisher:
ISBN:
Category : Government publications
Languages : en
Pages : 496
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Author: Roger D. Blair
Publisher: Oxford Handbooks
ISBN: 0199859191
Category : Business & Economics
Languages : en
Pages : 633
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Book Description
More than any other area of regulation, antitrust economics shapes law and policy in the United States, the Americas, Europe, and Asia. In a number of different areas of antitrust, advances in theory and empirical work have caused a fundamental reevaluation and shift of some of the assumptions behind antitrust policy. This reevaluation has profound implications for the future of the field. The Oxford Handbook of International Antitrust Economics has collected chapters from many of the leading figures in antitrust. In doing so, this two volume Handbook provides an important reference guide for scholars, teachers, and practitioners. However, it is more than a merely reference guide. Rather, it has a number of different goals. First, it takes stock of the current state of scholarship across a number of different antitrust topics. In doing so, it relies primarily upon the economics scholarship. In some situations, though, there is also coverage of legal scholarship, case law developments, and legal policies. The second goal of the Handbook is to provide some ideas about future directions of antitrust scholarship and policy. Antitrust economics has evolved over the last 60 years. It has both shaped policy and been shaped by policy. The Oxford Handbook of International Antitrust Economics will serve as a policy and research guide of next steps to consider when shaping the future of the field of antitrust.
Author: United States. Congress. Senate
Publisher:
ISBN:
Category : Legislation
Languages : en
Pages : 1676
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Author: LandMark Publications
Publisher:
ISBN: 9781521251997
Category :
Languages : en
Pages : 504
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THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that discuss, analyze and interpret provisions of the Class Action Fairness Act. The selection of decisions spans from 2013 to the date of publication.CAFA was enacted with the stated purpose of expanding the number of class actions that could be heard in federal court. Amoche, 556 F.3d at 47, 49 (stating that, "[i]n CAFA, Congress expressly expanded federal jurisdiction largely for the benefit of defendants against a background of what it considered to be abusive class action practices in state courts," "which had 'harmed class members with legitimate claims and defendants that had acted responsibly,' 'adversely affected interstate commerce,' and 'undermined public respect for our judicial system'" (alteration omitted) (quoting CAFA, Pub.L. No. 109-2, § 2(a), 119 Stat. 4, 4 (2005))). Congress effectuated that purpose "by imposing only a minimal diversity requirement, eliminating the statutory one-year time limit for removal, and providing for interlocutory appeal of a federal district court's remand order." Id. at 47-48 (citing 28 U.S.C. §§ 1332(d)(2), 1453(b), (c)). Pazol v. Tough Mudder Inc., 819 F. 3d 548 (1st Cir. 2016).CAFA extends federal jurisdiction to certain large class action lawsuits. Hollinger v. Home State Mut. Ins. Co., 654 F.3d 564, 569 (5th Cir.2011). CAFA jurisdiction may be exercised where the proposed class is at least 100 members, minimal diversity exists between the parties, the amount in controversy is greater than $5,000,000, and the primary defendants are not states, state officials, or other government entities. 28 U.S.C. § 1332(d)(2), (5). Arbuckle Mountain Ranch v. Chesapeake Energy, 810 F. 3d 335 (5th Cir. 2016).CAFA was enacted in 2005, approximately 15 years after Congress passed the supplemental jurisdiction statute. CAFA itself "dramatically expanded federal jurisdiction over class actions." Greenwich Fin. Servs. Distressed Mortg. Fund 3 LLC v. Countrywide Fin. Corp., 603 F.3d 23, 32 (2d Cir. 2010). It did so with the "primary objective" of "ensuring Federal court consideration of interstate [class action] cases of national importance." Standard Fire Ins. Co. v. Knowles, --U.S.--, 133 S. Ct. 1345, 1350 (2013) (internal quotation marks omitted). By bringing large class actions within the jurisdiction of the federal courts, CAFA also sought to "curb perceived abuses of the class action device which . . . had often been used to litigate multi-state or even national class actions in state courts." Shell Oil Co., 602 F.3d at 1090. F5 Capital v. Pappas, (2nd Cir. 2017).
Author: United States. Congress
Publisher:
ISBN:
Category : Law
Languages : en
Pages :
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The Congressional Record is the official record of the proceedings and debates of the United States Congress. It is published daily when Congress is in session. The Congressional Record began publication in 1873. Debates for sessions prior to 1873 are recorded in The Debates and Proceedings in the Congress of the United States (1789-1824), the Register of Debates in Congress (1824-1837), and the Congressional Globe (1833-1873)
Author: David Sherwyn
Publisher: Kluwer Law International B.V.
ISBN: 9041125051
Category : Law
Languages : en
Pages : 1190
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Book Description
Long regarded as a powerful means to seek individual damages against a corporate defendant, class actions have become a staple of the U.S. litigation system. In recent years, however, several highly significant Supreme Court decisions have weakened the commonality claims of defendants, particularly in workplace discrimination actions. In light of this background, the trends and prospects of employment class actions were the theme of the 56th annual proceedings of the prestigious New York University Conference on Labor, held in May 2003. This important volume reprints the papers presented at that conference, as well as some additional contributions. Among the considerable expertise brought to bear on this controversial subject, readers will find insightful analysis of such issues as the following: Effect of class actions on losing companies; Importance of class actions to Title VII enforcement; Obstacles to class litigation; Compliance and internal enforcement challenges for large employers; Opt-in vs. opt-out alternatives for class members; Value and effectiveness of pattern or practice test cases; Legal limits of group identity; Shifting of the burden of proof; Authority of arbitrators to proceed on a class wide basis; and Countering statistical claims of expert witnesses. Because class actions are based on tension - that between commonality and individuation - they tend to accumulate precedent along a spectrum from disconnected disparity to meaningful resolution. In this deeply informed and thought-provoking book, lawyers and academics concerned with both the interests of employers and of employees will proceed with increased awareness as they work on reconciling the practical and theoretical constraints of class litigation.
