A Practitioner's Guide to Class Actions

A Practitioner's Guide to Class Actions

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  • Author: Marcy Hogan Greer
  • Publisher: American Bar Association
  • ISBN: 9781604429558
  • Category : Class actions (Civil procedure)
  • Languages : en
  • Pages : 1412

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.


The Conservative Case for Class Actions

The Conservative Case for Class Actions

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  • Author: Brian T. Fitzpatrick
  • Publisher: University of Chicago Press
  • ISBN: 022665933X
  • Category : Law
  • Languages : en
  • Pages : 283

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 Class Action Playbook

The Class Action Playbook

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  • Author: Brian Anderson
  • Publisher: OUP USA
  • ISBN: 9780199933785
  • Category : Law
  • Languages : en
  • Pages : 0

The Class Action Playbook is a unique and strategic "how to" guide for practitioners seeking to bring or defend a class action.


Class Action Strategy & Practice Guide

Class Action Strategy & Practice Guide

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  • Author: Gregory C. Cook
  • Publisher: American Bar Association
  • ISBN: 9781641052740
  • Category : Class actions (Civil procedure)
  • Languages : en
  • Pages : 428

"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."--


Class Actions in Europe

Class Actions in Europe

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  • Author: Alan Uzelac
  • Publisher: Springer Nature
  • ISBN: 3030730360
  • Category : Law
  • Languages : en
  • Pages : 400

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.


Class Actions and Government

Class Actions and Government

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  • Author: Rachael Mulheron
  • Publisher: Cambridge University Press
  • ISBN: 1107043972
  • Category : Law
  • Languages : en
  • Pages : 475

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


Class Actions in Privacy Law

Class Actions in Privacy Law

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  • Author: Ignacio N. Cofone
  • Publisher: Routledge
  • ISBN: 1000214192
  • Category : Law
  • Languages : en
  • Pages : 106

Class actions in privacy law are rapidly growing as a legal vehicle for citizens around the world to hold corporations liable for privacy violations. Current and future developments in these class actions stand to shift the corporate liability landscape for companies that interact with people’s personal information. Privacy class actions are at the intersection of civil litigation, privacy law, and data protection. Developments in privacy class actions raise complex issues of substantive law as well as challenges to the established procedures governing class action litigation. Their outcomes are integral to the evolution of privacy law and data protection law across jurisdictions. This book brings together established scholars in privacy law, data protection law, and collective litigation to offer a detailed perspective on the present and future of collective litigation for privacy claims. Taking a comparative approach, this book incorporates considerations from consumer protection law, procedural law, cross-border litigation, tort law, and data protection law, which are key to understanding the development of privacy class actions. In doing so, it offers an analysis of the novel challenges they pose for courts, regulatory agencies, scholars, and litigators, together with their potential solutions.


The Law of Class Actions and Other Aggregate Litigation

The Law of Class Actions and Other Aggregate Litigation

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  • Author: Richard A. Nagareda
  • Publisher:
  • ISBN: 9781609302702
  • Category : Class actions (Civil procedure)
  • Languages : en
  • Pages : 0

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.


Managing Class Action Litigation

Managing Class Action Litigation

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  • Author: Barbara Jacobs Rothstein
  • Publisher:
  • ISBN:
  • Category : Class actions (Civil procedure)
  • Languages : en
  • Pages : 52


Entrepreneurial Litigation

Entrepreneurial Litigation

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  • Author: John C. Coffee
  • Publisher: Harvard University Press
  • ISBN: 0674736796
  • Category : History
  • Languages : en
  • Pages : 318

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.