Download or read book Providing for consideration of S 5 Class Action Fairness Act of 2005 written by United States. Congress. House. Committee on Rules and published by . This book was released on 2005 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Providing for Consideration of S 5 Class Action Fairness Act of 2005 written by United States. Congress. House. Committee on Rules and published by . This book was released on 2005 with total page 13 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book PROVIDING FOR CONSIDERATION OF S 5 CLASS ACTION FAIRNESS ACT OF 2005 REPORT 109 7 HOUSE OF REPRESENTATIVES 109TH CONGRESS 1ST SE written by and published by . This book was released on 2005 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Class Action Fairness Act of 2005 written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 2005 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 United States Congressional Serial Set Serial No 14977 House Reports Nos 1 14 written by and published by Government Printing Office. This book was released on with total page 1348 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book CIS Annual written by and published by . This book was released on 2005 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Senate Record Votes written by and published by . This book was released on 2005 with total page 828 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Legislative History of S 5 109th Cong 1st Sess 2005 written by United States. Congress and published by . This book was released on 2005 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Employment Class and Collective Actions written by David Sherwyn and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 1190 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Oxford Handbook of International Antitrust Economics written by Roger D. Blair and published by . This book was released on 2015 with total page 633 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Handbook examines the most important issues that arise in antitrust economics. Leading scholars in the field provide detailed critical analysis of developments across a number of different antitrust topics along with a detailed review of the literature. The Handbook is invaluable as a research and teaching tool.
Download or read book Journal of the Senate of the United States of America written by United States. Congress. Senate and published by . This book was released on 1789 with total page 1676 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Business Torts and Unfair Competition Handbook written by American Bar Association. Section of Antitrust Law and published by American Bar Association. This book was released on 2006 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book first addresses substantive issues, beginning with the changing role of business torts in antitrust litigation and continuing with the extent to which antitrust concepts have been invoked in business tort litigation (focusing on the competitive privilege and the Noerr-Pennington defense). The next chapter surveys the field of unfair competition, followed by an examination of the business torts of commercial disparagement and defamation. Subsequent chapters address interference torts, the common law and statutory torts of fraud and negligent misrepresentation, the field of misappropriation of trade secrets, and recent developments in the area of punitive damages.
Download or read book Drug and Device Product Liability Litigation Strategy written by Mark Herrmann and published by Oxford University Press, USA. This book was released on 2012 with total page 539 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Drug and Device Product Liability Litigation Strategy, Mark Herrmann and David B. Alden provide useful practice pointers and overall strategic guidance for attorneys in product liability litigation involving prescription drugs and medical devices.
Download or read book Congressional Record written by United States. Congress and published by . This book was released on 2004 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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)
Download or read book Analysis Implications and Text of Class Action Fairness Act of 2005 written by Bender's Editors and published by International Institute of Technology, Incorporated. This book was released on 2005 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now you can use its detailed coverage in all areas of your civil practice including: Alternative Dispute Resolution, Attorney Practice, Automobile Collisions, Bankruptcy, Business & Commercial Law, Civil Procedure, Civil Rights, Election Law, Employment Law, Family Law, Insurance, Intellectual Property, Juvenile Courts, Products Liability, Professions, Public Administrative Law, Public Entities, Real Estate, Taxes, Torts.
Download or read book Class Action Fairness Act of 2005 written by Georgene Vairo and published by . This book was released on 2005 with total page 86 pages. Available in PDF, EPUB and Kindle. Book excerpt: "President Bush has signed important legislation to combat what he, many members of Congress, and others perceive to be abuses in class action practice. The Class Action Fairness Act of 2005 ("CAFA") was introduced immediately upon the commencement of the 109th Congress, and is an itegral part of President Bush's tort reform efforts...The essential purpose of CAFA is to provide an expanded federal jursidiction over class actions and other complex state claim-based litigation." -- p. CAFA - 1.
