Class Actions and Government

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Publisher : Cambridge University Press
ISBN 13 : 1107043972
Total Pages : 475 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Class Actions and Government by : Rachael Mulheron

Download or read book Class Actions and Government written by Rachael Mulheron and published by Cambridge University Press. This book was released on 2020-04-02 with total page 475 pages. Available in PDF, EPUB and Kindle. Book excerpt: Government, in all of its guises, plays a significant, controversial, and sometimes hidden, role in class actions reform and litigation.

The Conservative Case for Class Actions

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Publisher : University of Chicago Press
ISBN 13 : 0226816737
Total Pages : 282 pages
Book Rating : 4.2/5 (268 download)

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Book Synopsis The Conservative Case for Class Actions by : Brian T. Fitzpatrick

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 2022-02-19 with total page 282 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.

A Practitioner's Guide to Class Actions

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Publisher : American Bar Association
ISBN 13 : 9781604429558
Total Pages : 1412 pages
Book Rating : 4.4/5 (295 download)

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Book Synopsis A Practitioner's Guide to Class Actions by : Marcy Hogan Greer

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.

Managing Class Action Litigation

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Publisher :
ISBN 13 :
Total Pages : 56 pages
Book Rating : 4.3/5 (243 download)

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Book Synopsis Managing Class Action Litigation by : Barbara Jacobs Rothstein

Download or read book Managing Class Action Litigation written by Barbara Jacobs Rothstein and published by . This book was released on 2009 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt:

2020 Survey of Federal Class Action Law

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Publisher :
ISBN 13 : 9781641056106
Total Pages : 341 pages
Book Rating : 4.0/5 (561 download)

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Book Synopsis 2020 Survey of Federal Class Action Law by : Class Actions and

Download or read book 2020 Survey of Federal Class Action Law written by Class Actions and and published by . This book was released on 2020-12 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: To help understand the differences in each circuit's laws, the 2020 Survey of Federal Class Action Law: A U.S. Supreme Court and Circuit-by-Circuit Analysis contains an up-to-date analysis of class action law in each Federal Circuit.

Class Action Strategy & Practice Guide

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Publisher : American Bar Association
ISBN 13 : 9781641052740
Total Pages : 428 pages
Book Rating : 4.0/5 (527 download)

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Book Synopsis Class Action Strategy & Practice Guide by : Gregory C. Cook

Download or read book Class Action Strategy & Practice Guide written by Gregory C. Cook and published by American Bar Association. This book was released on 2018 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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."--

Wholesale Justice

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Publisher :
ISBN 13 : 9780804752749
Total Pages : 0 pages
Book Rating : 4.7/5 (527 download)

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Book Synopsis Wholesale Justice by : Martin H. Redish

Download or read book Wholesale Justice written by Martin H. Redish and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the first comprehensive effort to view the modern class action through the lenses of American constitutional and political theory, this book contends that the procedural device needs to be substantially modified to prevent it from violating key constitutional and democratic precepts.

Legal Strategies in Childhood Obesity Prevention

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Publisher : National Academies Press
ISBN 13 : 0309210224
Total Pages : 104 pages
Book Rating : 4.3/5 (92 download)

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Book Synopsis Legal Strategies in Childhood Obesity Prevention by : Institute of Medicine

Download or read book Legal Strategies in Childhood Obesity Prevention written by Institute of Medicine and published by National Academies Press. This book was released on 2011-08-08 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 1980, childhood obesity rates have more than tripled in the United States. Recent data show that almost one-third of children over 2 years of age are already overweight or obese. While the prevalence of childhood obesity appears to have plateaued in recent years, the magnitude of the problem remains unsustainably high and represents an enormous public health concern. All options for addressing the childhood obesity epidemic must therefore be explored. In the United States, legal approaches have successfully reduced other threats to public health, such as the lack of passive restraints in automobiles and the use of tobacco. The question then arises of whether laws, regulations, and litigation can likewise be used to change practices and policies that contribute to obesity. On October 21, 2010, the Institute of Medicine (IOM) held a workshop to bring together stakeholders to discuss the current and future legal strategies aimed at combating childhood obesity. Legal Strategies in Childhood Obesity Prevention summarizes the proceedings of that workshop. The report examines the challenges involved in implementing public health initiatives by using legal strategies to elicit change. It also discusses circumstances in which legal strategies are needed and effective. This workshop was created only to explore the boundaries of potential legal approaches to address childhood obesity, and therefore, does not contain recommendations for the use of such approaches.

The Class Action in Common Law Legal Systems

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Publisher : Bloomsbury Publishing
ISBN 13 : 1847310966
Total Pages : 616 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis The Class Action in Common Law Legal Systems by : Rachael Mulheron

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.

Manual for Complex Litigation, Fourth

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Publisher :
ISBN 13 :
Total Pages : 824 pages
Book Rating : 4.:/5 (327 download)

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Book Synopsis Manual for Complex Litigation, Fourth by :

Download or read book Manual for Complex Litigation, Fourth written by and published by . This book was released on 2004 with total page 824 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Model Rules of Professional Conduct

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Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Mass Torts in a World of Settlement

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Publisher : University of Chicago Press
ISBN 13 : 0226567621
Total Pages : 348 pages
Book Rating : 4.2/5 (265 download)

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Book Synopsis Mass Torts in a World of Settlement by : Richard A. Nagareda

Download or read book Mass Torts in a World of Settlement written by Richard A. Nagareda and published by University of Chicago Press. This book was released on 2008-09-15 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: The traditional definition of torts involves bizarre, idiosyncratic events where a single plaintiff with a physical impairment sues the specific defendant he believes to have wrongfully caused that malady. Yet public attention has focused increasingly on mass personal-injury lawsuits over asbestos, cigarettes, guns, the diet drug fen-phen, breast implants, and, most recently, Vioxx. Richard A. Nagareda’s Mass Torts in a World of Settlement is the first attempt to analyze the lawyer’s role in this world of high-stakes, multibillion-dollar litigation. These mass settlements, Nagareda argues, have transformed the legal system so acutely that rival teams of lawyers operate as sophisticated governing powers rather than litigators. His controversial solution is the replacement of the existing tort system with a private administrative framework to address both current and future claims. This book is a must-read for concerned citizens, policymakers, lawyers, investors, and executives grappling with the changing face of mass torts.

Rights and Retrenchment

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Publisher : Cambridge University Press
ISBN 13 : 110818409X
Total Pages : 299 pages
Book Rating : 4.1/5 (81 download)

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Book Synopsis Rights and Retrenchment by : Stephen B. Burbank

Download or read book Rights and Retrenchment written by Stephen B. Burbank and published by Cambridge University Press. This book was released on 2017-04-18 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: This groundbreaking book contributes to an emerging literature that examines responses to the rights revolution that unfolded in the United States during the 1960s and 1970s. Using original archival evidence and data, Stephen B. Burbank and Sean Farhang identify the origins of the counterrevolution against private enforcement of federal law in the first Reagan Administration. They then measure the counterrevolution's trajectory in the elected branches, court rulemaking, and the Supreme Court, evaluate its success in those different lawmaking sites, and test key elements of their argument. Finally, the authors leverage an institutional perspective to explain a striking variation in their results: although the counterrevolution largely failed in more democratic lawmaking sites, in a long series of cases little noticed by the public, an increasingly conservative and ideologically polarized Supreme Court has transformed federal law, making it less friendly, if not hostile, to the enforcement of rights through lawsuits.

Class Action Fairness Act of 2003

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Publisher :
ISBN 13 :
Total Pages : 136 pages
Book Rating : 4.0/5 (11 download)

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Book Synopsis Class Action Fairness Act of 2003 by : United States. Congress. House. Committee on the Judiciary

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 136 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Class Action Dilemmas

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Publisher : Rand Corporation
ISBN 13 : 0833043943
Total Pages : 635 pages
Book Rating : 4.8/5 (33 download)

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Book Synopsis Class Action Dilemmas by : Deborah R. Hensler

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.

Class action litigation

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Publisher :
ISBN 13 :
Total Pages : 176 pages
Book Rating : 4.0/5 (11 download)

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Book Synopsis Class action litigation by : United States. Congress. Senate. Committee on the Judiciary

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 176 pages. Available in PDF, EPUB and Kindle. Book excerpt:

State of Class Actions Ten Years After the Enactment of the Class Action Fairness Act

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Author :
Publisher :
ISBN 13 :
Total Pages : 104 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis State of Class Actions Ten Years After the Enactment of the Class Action Fairness Act by : United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution and Civil Justice

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: