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.
"This book provides...guidance to lawyers on how to conduct a class action, including both the plaintiff and defense perspective on the key decisions during the class action battle. It looks at each major phase of the action, from the filing of the action to settlement decisions and mechanisms."--
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.
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.
In this inspiring history of a union, labour historian Andy Hanson delves deep into the Elementary Teachers’ Federation of Ontario (ETFO) and how it evolved from two deeply divided unions to one of the province’s most united and powerful voices for educators. Today’s teacher is under constant pressure to raise students’ test scores, while the rise of neoliberalism in Canada has systematically stripped our education system of funding and support. But educators have been fighting back with decades of fierce labour action, from a landmark province-wide strike in the 1970s, to record-breaking front-line organizing against the Harris government and the Common Sense Revolution, to present-day picket lines and bargaining tables. Hanson follows the making of elementary teachers in Ontario as a distinct class of white-collar, public-sector workers who awoke in the last quarter of the twentieth century to the power of their collective strength.
"The Ontario Class Proceedings Act, 1992 represented a major innovation in civil procedure. Suzanne Chiodo’s book ... looks at the origins of representative proceedings in equity, the rise of modern-day class actions around the world (particularly in the United States and Quebec), and at the debates about the Ontario legislation. The book presents an ... analysis of the political and social influences that shaped this momentous legal change. It explains for the first time how the Attorney General’s Advisory Committee Report in 1990 pulled together so many divergent interests where previous attempts had failed."--Provided by publisher.
A compelling history of school desegregation and activism in San Francisco The picture of school desegregation in the United States is often painted with broad strokes of generalization and insulated anecdotes. Its true history, however, is remarkably wide ranging. Class Action tells the story of San Francisco’s long struggle over school desegregation in the wake of the 1954 U.S. Supreme Court decision Brown v. Board of Education. San Francisco’s story provides a critical chapter in the history of American school discrimination and the complicated racial politics that emerged. It was among the first large cities outside the South to face court-ordered desegregation following the Brown rulings, and it experienced the same demographic shifts that transformed other cities throughout the urban West. Rand Quinn argues that the district’s student assignment policies—including busing and other desegregative mechanisms—began as a remedy for state discrimination but transformed into a tool intended to create diversity. Drawing on extensive archival research—from court docket files to school district records—Quinn describes how this transformation was facilitated by the rise of school choice, persistent demand for neighborhood schools, evolving social and legal landscapes, and local community advocacy and activism. Class Action is the first book to present a comprehensive political history of post-Brown school desegregation in San Francisco. Quinn illuminates the evolving relationship between jurisprudence and community-based activism and brings a deeper understanding to the multiracial politics of urban education reform. He responds to recent calls by scholars to address the connections between ideas and policy change and ultimately provides a fascinating look at race and educational opportunity, school choice, and neighborhood schools in the aftermath of Brown v. Board of Education.
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.
