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Author: Rachael Mulheron
Publisher: Bloomsbury Publishing
ISBN: 1847310966
Category : Law
Languages : en
Pages : 616
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Book Description
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.
Author: Rachael Mulheron
Publisher: Bloomsbury Publishing
ISBN: 1847310966
Category : Law
Languages : en
Pages : 616
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Book Description
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.
Author: Brian T. Fitzpatrick
Publisher: University of Chicago Press
ISBN: 022665933X
Category : Law
Languages : en
Pages : 283
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Book Description
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: Barbara Jacobs Rothstein
Publisher:
ISBN:
Category : Class actions (Civil procedure)
Languages : en
Pages : 52
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Book Description
Author: Marcy Hogan Greer
Publisher: American Bar Association
ISBN: 9781604429558
Category : Law
Languages : en
Pages : 1412
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Book Description
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: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Martin H. Redish
Publisher: Stanford University Press
ISBN: 9780804752756
Category : Law
Languages : en
Pages : 0
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Book Description
As the first comprehensive effort to view the modern class action through the lenses of American constitutional and political theory, this book contends that the procedural device needs to be substantially modified to prevent it from violating key constitutional and democratic precepts.
Author:
Publisher:
ISBN:
Category : Complex litigation
Languages : en
Pages : 824
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Book Description
Author: Deborah R. Hensler
Publisher: Edward Elgar Publishing
ISBN: 1783470445
Category : Law
Languages : en
Pages : 443
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Book Description
In recent years collective litigation procedures have spread across the globe, accompanied by hot controversy and normative debate. Yet virtually nothing is known about how these procedures operate in practice. Based on extensive documentary and interview research, this volume presents the results of the first comparative investigation of class actions and group litigation 'in action'. Produced by a multinational team of legal scholars, this book spans research from ten different countries in the Americas, Europe, Asia and the Middle East, including common law and civil law jurisdictions. The contributors conclude that to understand how class actions work in practice, one needs to know the cultural factors that shape claiming, the financial arrangements that enable or impede litigation, and how political actors react when mass claims erupt. Substantive law and procedural rules matter, but culture, economics and politics matter at least as much. This book will be of interest to students and scholars of law, business and politics. It will also be of use to public policy makers looking to respond to mass claims; financial analysts looking to understanding the potential impact of new legal instruments; and global lawyers who litigate transnationally. Contributors:A. Barroilhet, C. Cameron, N. Creutzfeldt, M.A. Gómez, A. Halfmeier, D.R. Hensler, C. Hodges, K.-C. Huang, J. Kalajdzic, A. Klement, B. Stier, E. Thornburg, I. Tzankova, S. Voet
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.
Author: Deborah R. Hensler
Publisher: Rand Corporation
ISBN: 0833043943
Category : Law
Languages : en
Pages : 635
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Book Description
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.
