Download or read book State of Class Actions Ten Years After the Enactment of the Class Action Fairness Act written by United States. Congress and published by Createspace Independent Publishing Platform. This book was released on 2017-09-20 with total page 102 pages. Available in PDF, EPUB and Kindle. Book excerpt: State of class actions ten years after the enactment of the Class Action Fairness Act : hearing before the Subcommittee on the Constitution and Civil Justice of the Committee on the Judiciary, House of Representatives, One Hundred Fourteenth Congress, first session, February 27, 2015.
Download or read book State of Class Actions Ten Years After the Enactment of the Class Action Fairness Act written by United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution and Civil Justice and published by . This book was released on 2015 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book State of Class Actions Ten Years After the Enactment of the Class Action Fairness Act Serial No 114 10 February 27 2015 114 1 written by and published by . This book was released on 2015 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book State of Class Actions Ten Years After the Enactment of the Class Action Fairness Act written by United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution and Civil Justice and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Class Actions Seven Years After the Class Action Fairness Act written by United States. Congress and published by Createspace Independent Publishing Platform. This book was released on 2017-10-04 with total page 114 pages. Available in PDF, EPUB and Kindle. Book excerpt: Class actions seven years after the Class Action Fairness Act : hearing before the Subcommittee on the Constitution of the Committee on the Judiciary, House of Representatives, One Hundred Twelfth Congress, second session, June 1, 2012.
Download or read book Class Action Fairness Act written by LandMark Publications and published by . This book was released on 2017-05-09 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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).
Download or read book A Practitioner s Guide to Class Actions written by Marcy Hogan Greer and published by American Bar Association. This book was released on 2010 with total page 1412 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The 13th Annual National Institute on Class Actions written by and published by . This book was released on 2009 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Class Action Fairness Act of 2003 written by United States. Congress. House. Committee on the Judiciary and published by . This book was released on 2003 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Class Actions Seven Years After the Class Action Fairness Act written by United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution and published by . This book was released on 2012 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book What We Know and What We Don t Know About Modern Class Actions written by and published by . This book was released on 2005 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Last March, two law professors, Theodore Eisenberg and Geoffrey P. Miller, published a Study that examined the relationship between fees and class action recoveries. The Study also made the subsidiary finding that the magnitude of the average class action recovery had remained largely constant over the period of the Study, 1993-2002. In response, The New York Times ran a story on the front of its business section entitled, "Study Disputes View of Costly Surge in Class-Action Suits." The president of the Association of Trial Lawyers of America proclaimed, "This empirical study comes out and says the system is working correctly." Senator Russell Feingold referenced the Study as he called the federal Class Action Fairness Act "a solution in search of a problem." This paper analyzes in more depth the Eisenberg-Miller Study and concludes that, rather than undermining arguments for class action reform, Eisenberg and Miller's data strongly support the need for reform. Relevant findings include: Eisenberg and Miller found that the average class action recovery over the ten-year period they studied was $138.6 million. The Study shows that the average recovery of the top 20% of cases was $613 million, and the average for the top 10% equaled $1.08 billion. Just looking at the cases in the Study's sample, aggregate class action recoveries averaged $5.13 billion per year. The Eisenberg-Miller numbers - huge though they are - are significant underestimates of the magnitude of class action litigation overall. Eisenberg and Miller only report data taken from published opinions. Their data set is highly skewed toward securities class action litigation, which constitutes over half their sample. Their data include only 9 civil rights class actions, 23 employment class actions, 22 ERISA class actions, and 7 mass tort class actions. It is simply implausible that, over the ten-year period, in state and federal courts together, these low numbers represent the full volume of class action litigation. The Eisenberg-Miller Study does not address a central concern about the class action mechanism, that mere certification of a class will force defendants to settle rather than betting their company, regardless of the evidence. For example, the Eisenberg-Miller sample includes the silicon breast litigation, which settled for $4.2 billion despite strong scientific evidence showing that implants did not cause the ailments claimed by class plaintiffs. Reform is more, not less necessary, when a problem has proved persistent over a long period of time. An average $138.6 million recovery for each class action over ten years is suggestive of a real problem. If, as is likely, the magnitude of total recoveries is five, ten, or twenty times the Eisenberg-Miller Study's showing of $5.13 billion per year from a very limited sample, class action litigation is imposing extraordinary costs on American society. Such a finding buttresses the case for class action reform. The Class Action Fairness Act, if enacted, would constitute a helpful, but largely a modest reform. Moving class actions involving significant different-state parties from state to federal courts will help but is unlikely to solve the problems created by modern class action litigation. Real tort reform requires a fundamental rethinking and redesign of both our substantive and procedural rules of law.
Download or read book Fairness in Class Action Litigation Act of 2015 written by United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution and Civil Justice and published by . This book was released on 2015 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Class action litigation written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 2003 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Class Action Fairness Act of 2003 written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 2003 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Class Action Dilemmas written by Deborah R. Hensler and published by Rand Corporation. This book was released on 2000-08-02 with total page 635 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Cambridge Handbook of Class Actions written by Brian T. Fitzpatrick and published by . This book was released on 2021-02-03 with total page 578 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Class Action Fairness Act of 2001 written by United States. Congress. House. Committee on the Judiciary and published by . This book was released on 2002 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt:
