Class Actions in Context
Class Actions in Context

Author: Deborah R. Hensler

Publisher: Edward Elgar Publishing

Published: 2016-05-27

Total Pages: 443

ISBN-13: 1783470445

DOWNLOAD EBOOK

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

The Law and Economics of Class Actions in Europe
The Law and Economics of Class Actions in Europe

Author: Jürgen G. Backhaus

Publisher: Edward Elgar Publishing

Published: 2012-01-01

Total Pages: 401

ISBN-13: 1781001243

DOWNLOAD EBOOK

'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.

Class Actions and Other Multi-party Litigation in a Nutshell
Class Actions and Other Multi-party Litigation in a Nutshell

Author: Robert H. Klonoff

Publisher: West Publishing Company

Published: 1999

Total Pages: 412

ISBN-13:

DOWNLOAD EBOOK

This new text covers all of the major topics of class action law & practice, such as commencement of a class action, requirements for class certification, class action discovery, notice to class members, "opt-out" rights, Seventh Amendment & due process issues, class settlements, remedies, appellate review, issue & claim preclusion, & ethical & policy issues. It also contains a special focus on securities, mass tort, & employment discrimination class actions, defendant class actions & shareholder derivative suits. The book explores the latest cutting-edge issues in multi-party litigation & discusses numerous groundbreaking court decisions.

The Conservative Case for Class Actions
The Conservative Case for Class Actions

Author: Brian T. Fitzpatrick

Publisher: University of Chicago Press

Published: 2019-11-01

Total Pages: 283

ISBN-13: 022665933X

DOWNLOAD EBOOK

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.

Class Actions in Canada
Class Actions in Canada

Author: Jasminka Kalajdzic

Publisher:

Published: 2019-01-15

Total Pages: 0

ISBN-13: 9780774837897

DOWNLOAD EBOOK

Whatever deficits remain in the Canadian project to make justice available to all, class actions have been heralded as a success. They have been employed over the past twenty-five years to overcome barriers to justice for those who would otherwise have no recourse to the courts. First proposing a conceptualization of access to justice that moves beyond mere access to a court procedure, leading expert Jasminka Kalajdzic then methodically assesses survey data and case studies to determine how class action practice fulfills or falls short of its objectives. Class Actions in Canada is a timely exploration of the evolution of collective litigation in Canada.

Entrepreneurial Litigation
Entrepreneurial Litigation

Author: John C. Coffee

Publisher: Harvard University Press

Published: 2015-06-08

Total Pages: 318

ISBN-13: 0674736796

DOWNLOAD EBOOK

In class actions, attorneys effectively hire clients rather than act as their agent. Lawyer-financed, lawyer-controlled, and lawyer-settled, this entrepreneurial litigation invites lawyers to act in their own interest. John Coffee’s goal is to save class action, not discard it, and to make private enforcement of law more democratically accountable.

Class Actions and Government
Class Actions and Government

Author: Rachael Mulheron

Publisher: Cambridge University Press

Published: 2020-04-02

Total Pages: 475

ISBN-13: 1107043972

DOWNLOAD EBOOK

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

The Law of Class Actions and Other Aggregate Litigation
The Law of Class Actions and Other Aggregate Litigation

Author: Richard A. Nagareda

Publisher:

Published: 2013

Total Pages: 0

ISBN-13: 9781609302702

DOWNLOAD EBOOK

The second edition of this casebook treats the subject of aggregate litigation as a coherent whole. The new authors have preserved the original focus while updating, revising and enriching the discussions of particular topics. The materials on class actions have been tightened and reorganized, reflecting recent judicial decisions that have made class actions harder to certify, and the materials on other procedural devices, including consolidations and arbitration, have been strengthened. The discussions contain more information about litigation strategies, judicial practices, financial considerations, and empirical findings. As before, this book fills three gaps in the market for teaching materials on the U.S. civil justice system. First, it establishes aggregate litigation as a cohesive field of procedural law, one that encompasses all devices for processing claims en masse, including class actions, multi-district litigations and other forms of consolidation, aggregate settlements, parens patriae lawsuits, bankruptcy reorganizations, and private arbitrations. Second, the casebook confronts forthrightly the reality of our civil justice system as one geared toward settlement, not the rare event of trial. From this vantage point, the casebook sees the processes for aggregate litigation as vehicles through which to achieve comprehensive, or broadly encompassing, resolution of related civil claims. Third, the casebook frames the legitimacy of preclusion in aggregate litigation by drawing, among other things, on aspects of private contract and public legislation. In so doing, the casebook encourages students to see cross-cutting connections with their other courses on such topics as contracts, corporations, and administrative law.