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 World Class Actions written by Paul G. Karlsgodt and published by Oxford University Press. This book was released on 2012-08-03 with total page 854 pages. Available in PDF, EPUB and Kindle. Book excerpt: Class action and other group litigation procedures are increasingly being adopted in jurisdictions throughout the world, as more countries deal with the realities of increased globalization and access to information. As a result, attorneys and their clients face the ever-expanding prospect of a class or group action outside their home jurisdictions. World Class Actions: A Guide to Group and Representative Actions around the Globe is a guide for attorneys and their clients on the procedures available for class, group, and representative actions throughout the world. It helps lawyers navigate and develop strategies for litigation and risk management in the course of doing business abroad, or even in doing business locally in a way that impacts interests abroad. Part I of the book provides a jurisdiction-by-jurisdiction survey of the class action, group, collective, derivative, and other representative action procedures available across the globe. Each chapter is written from a local perspective, by an attorney familiar with the laws, best practices, legal climate, and culture of the jurisdiction. Part II provides guidance from the perspective of international attorneys practicing in foreign jurisdictions and the art of counseling and representing clients in international litigation. It also covers a variety of topics related to transnational, multi-jurisdictional, and class or collective actions that involve international issues and interests. Each chapter offers practice tips and cultural insights helpful to an attorney or litigant facing a dispute in a particular part of the world. Many of the chapters introduce key books, treatises, articles, or other reference materials to foster further research. Its focus on international class and group litigation law from a practitioner's perspective makes World Class Actions an essential guide for the lawyer or client.
Download or read book Class Actions in Europe written by Alan Uzelac and published by Springer Nature. This book was released on 2021-06-23 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Not so long ago, class actions were considered to be a textbook example of American exceptionalism; many of their main features were assumed to be incompatible with the culture of the civil law world. However, the tide is changing; while there are now trends in the USA toward limiting or excluding class actions, notorious cases like Dieselgate are moving more and more European jurisdictions to extend the reach of their judicial collective redress mechanisms. For many new fans of class actions, collective redress has become a Holy Grail of sorts, a miraculous tool that will rejuvenate national systems of civil justice and grant them unprecedented power. Still, while the introduction of various forms of representative action has virtually become a fashion, it is anything but certain that attempting to transplant American-style class action will be successful. European judicial structures and legal culture(s) are fundamentally different, which poses a considerable challenge. This book investigates whether class actions in Europe are indeed a Holy Grail or just another wrong turn in the continuing pursuit of just and effective means of protecting the rights of citizens and businesses. It presents both positive and critical perspectives, supplemented by case studies on the latest collectivization trends in Europe’s national civil justice systems. The book also shares the experiences of some non-European jurisdictions that have developed promising hybrid forms of collective redress, such as Canada, Brazil, China, and South Africa. In closing, a selection of topical international cases that raise interesting issues regarding the effectiveness of class actions in an international context are studied and discussed.
Download or read book The Conservative Case for Class Actions written by Brian T. Fitzpatrick and published by University of Chicago Press. This book was released on 2019-11-01 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Class Action in Common Law Legal Systems written by Rachael Mulheron and published by Bloomsbury Publishing. This book was released on 2004-11-15 with total page 616 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Class Actions in Australia written by Damian Bernard Grave and published by . This book was released on 2012 with total page 1212 pages. Available in PDF, EPUB and Kindle. Book excerpt: This highly practical text offers complete and comprehensive coverage of class action law in Australia. Addressing the wide ranging developments since the first edition published in 2005, the authors continue to cover class action litigation fully, from commencement through choice of forum, opting-out, conduct, trial, settlement, costs and funding.
Download or read book Class Actions in Canada written by Jasminka Kalajdzic and published by . This book was released on 2019-01-15 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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 World Class Actions written by Paul G. Karlsgodt and published by Oxford University Press, USA. This book was released on 2012-09-13 with total page 854 pages. Available in PDF, EPUB and Kindle. Book excerpt: Part I of the book provides a jurisdiction-by-jurisdiction survey of the class action, group, collective, derivative, and other representative action procedures available across the globe. Each chapter is written from a local perspective, by an attorney familiar with the laws, best practices, legal climate, and culture of the jurisdiction.
Download or read book The Globalization of Class Actions written by Deborah R. Hensler and published by SAGE Publications, Incorporated. This book was released on 2009-03-16 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This groundbreaking volume of The ANNALS provides the first overview of class action laws and related mechanisms around the world. It features 30 "country reports" by leading scholars, describing the adoption, characteristics and consequences to date of class action and non-class group litigation procedures ranging across North and Latin America, Australia, Asia and Europe. In December 2007, Stanford Law School and the Oxford Centre for Socio-Legal Studies organized an international conference that studied the global spread of class actions and group litigation procedures. Scholars, jurists, and practitioners from around the world gathered to discuss and debate the use of group litigation procedures and initiate a research project on the evolution of class actions and aggregate litigation worldwide. This volume of The ANNALS is one result of that conference. Students, scholars and policymakers will find this anthology of reports to be an essential overview, providing a solid understanding of the effects of class actions around the globe.
Download or read book The Law and Economics of Class Actions in Europe written by Jürgen G. Backhaus and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: '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.
Download or read book Class Actions 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 Class Actions written by and published by European Lawyer. This book was released on 2015-10-31 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Best Practices for Class Action Litigation written by Daniel P. Shapiro and published by . This book was released on 2007-02 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Best Practices for Class Action Litigation is an authoritative, insider's perspective on representing a company embroiled in a class action suit. Featuring partners and shareholders from some of the nation's leading law firms, these experts guide the reader through the key stages and steps involved in overseeing a class action case, emphasizing the ability of an attorney to help their clients weigh their options and select the best course of action. The authors discuss the challenges facing attorneys in class action representation matters, including the impact of laws such as the Federal Arbitration Act and the Class Action Fairness Act. From analyzing the client's objective and developing a persuasive presentation to strategies for deciding on settlement or negotiation and guiding dispute resolution, these top laywers examine how class actions come about, how to avoid them, and how to best approach them once they occur. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts around the keys to navigating this constantly-changing area of law. Inside the Minds provides readers with proven business intelligence from C-Level executives (Chairman, CEO, CFO, CMO, Partner) from the world's most respected companies nation-wide, rather than third-party accounts from unknown authors and analysts. Each chapter is comparable to an essay/thought leadership piece and is a future-oriented look at where an industry, profession, or topic is headed and the most important issues for the future. Through an exhaustive selection process, each author was hand-picked bythe Inside the Minds editorial board to author a chapter. Chapters Include: 1. Daniel P. Shapiro, Partner, Goldberg Kohn - "The Unique Aspects of Class Action Litigation" 2. Drew H. Campbell, Chair, Litigation Department, Bricker & Eckler LLP - "The Mechanics of Class Action Litigation" 3. Gregory D. Call, Partner and Chair, Litigation Department, Folger Levin & Kahn LLP - "The Strategic Litigator: Class Actions" 4. Kevin D. Gordon, Director and Shareholder, Crowe & Dunlevy - "A Step-by-Step Look at the Process" 5. Pete Schenkkan, Shareholder, Graves, Dougherty, Hearon & Moody PC - "Defending Proposed Class Actions" 6. Robert S. Hackleman, Shareholder and Chair, Litigation Department, Gunster, Yoakley & Stewart PA - "Helping the Client Make the Right Decisions"
Download or read book Class Action written by Clara Bingham and published by Random House Digital, Inc.. This book was released on 2002 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the tradition of "A Civil Action and "Erin Brockovitch, "Class Action is a story of intrigue and injustice as dramatic as fiction but all the more poignant because it is true. In the coldest reaches of northern Minnesota, a group of women endured a shocking degree of sexual harassment-until one of them stepped forward and sued the company that had turned a blind eye to their pleas for help. "Jenson vs. Eveleth Mines, the first sexual harassment class action in America, permanently changed the legal landscape as well as the lives of the women who fought the battle. In 1975, Lois Jenson, a single mother on welfare, heard that the local iron mine was now hiring women. The hours were grueling, but the pay was astonishing, and Jenson didn't think twice before accepting a job cleaning viscous soot from enormous grinding machines. What she hadn't considered was that she was now entering a male-dominated, hard-drinking society that firmly believed that women belonged at home-a sentiment quickly born out in the relentless, brutal harassment of every woman who worked at the mine. When a group of men whistled at her walking into the plant, she didn't think much of it; when they began yelling obscenities at her, she was resilient; when one of them began stalking her, she got mad; when the mining company was unwilling to come to her defense, she got even. From Jenson's first day on the job, through three intensely humiliating trials, to the emotional day of the settlement, it would take Jenson twenty-five years and most of her physical and mental health to fight the battle with the mining company. But with the support of other women miners like union official Patricia Kosmach and herluck at finding perhaps the finest legal team for class action law, Jenson would eventually prevail. Clara Bingham and Laura Leedy Gansler take readers on a fascinating, page-turning journey, the roller-coaster ride that became "Jenson vs. Eveleth and show us that "Class Action is not just one woman's story, it's every woman's legacy.
Download or read book Class Actions and Government written by Rachael Mulheron and published by Cambridge University Press. This book was released on 2020-03-31 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The relationship between class actions and government makes for a nuanced and fascinating study. Government sets the scene by implementing and designing the regime, by choosing whether to act as a seed-funder for the regime, and by deciding to what extent it should regulate the regime against worldwide classes being litigated on its doorstep. It can then become a key player in the litigation itself. Government may be a representative claimant bringing the action, or a class member, or a potential financial beneficiary. Most commonly of all, it may be a defendant, being sued under the very regime which it enacted into law. With numerous opt-out class action regimes around the common law world in place, and others on the horizon, the book takes a comparative perspective throughout, and concludes with a series of recommendations, drawn from that comparative analysis of government's intricate interplay with class actions.
Download or read book Class Actions in Europe written by Alan Uzelac and published by Springer. This book was released on 2022-06-25 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Not so long ago, class actions were considered to be a textbook example of American exceptionalism; many of their main features were assumed to be incompatible with the culture of the civil law world. However, the tide is changing; while there are now trends in the USA toward limiting or excluding class actions, notorious cases like Dieselgate are moving more and more European jurisdictions to extend the reach of their judicial collective redress mechanisms. For many new fans of class actions, collective redress has become a Holy Grail of sorts, a miraculous tool that will rejuvenate national systems of civil justice and grant them unprecedented power. Still, while the introduction of various forms of representative action has virtually become a fashion, it is anything but certain that attempting to transplant American-style class action will be successful. European judicial structures and legal culture(s) are fundamentally different, which poses a considerable challenge. This book investigates whether class actions in Europe are indeed a Holy Grail or just another wrong turn in the continuing pursuit of just and effective means of protecting the rights of citizens and businesses. It presents both positive and critical perspectives, supplemented by case studies on the latest collectivization trends in Europe’s national civil justice systems. The book also shares the experiences of some non-European jurisdictions that have developed promising hybrid forms of collective redress, such as Canada, Brazil, China, and South Africa. In closing, a selection of topical international cases that raise interesting issues regarding the effectiveness of class actions in an international context are studied and discussed.
