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Reform Of Class Action Litigation Procedures
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Author :United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Improvements in Judicial Machinery Publisher : ISBN 13 : Total Pages :528 pages Book Rating :4.:/5 (327 download)
Book Synopsis Reform of Class Action Litigation Procedures by : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Improvements in Judicial Machinery
Download or read book Reform of Class Action Litigation Procedures written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Improvements in Judicial Machinery and published by . This book was released on 1979 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 52 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Emergence and Reform of the New Zealand Class Action by : Nikki Chamberlain
Download or read book The Emergence and Reform of the New Zealand Class Action written by Nikki Chamberlain and published by . This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The civil procedure framework that governs the management of class action litigation in New Zealand is ripe for reform. Although parties can commence class-wide litigation in New Zealand in a number of ways, the most commonly utilised, and non-issue specific way, is by the 'representative rule' derived from the United Kingdom and contained in High Court Rule 4.24 (HCR 4.24). Unfortunately, HCR 4.24 contains no further procedural guidance on the management of class-wide litigation than merely providing that a representative plaintiff can sue on behalf of persons with the same interest in the subject matter of a proceeding, either by consent of all plaintiffs represented, or by leave of the court. This failure to provide procedural guidance has put the New Zealand judiciary in a problematic position. On the one hand, there are clear advantages in allowing class-wide litigation. On the other hand, the judiciary has to rely on a rule that was never intended to bear the burden of managing class actions. Courts are in essence forced to allow opt-in class actions while simultaneously developing class action procedure through their inherent powers on a case by case basis. Consequentially, all class action stakeholders are disadvantaged. The management of class actions is uneconomic, inefficient and uncertain. The issue is becoming acute. Empirical evidence suggests that class-wide actions have increased over the last four decades. Litigation funders, which are currently unregulated, have now entered the New Zealand market. The need for reform is pressing. When considering reform options, New Zealand can look to overseas models. The United States, Canada and Australia have all adopted comprehensive statutory based class action civil procedure rules. The United Kingdom has gone down a different path by instead allowing for Group Litigation Orders. As New Zealand sits at a cross-road, what is the best option for reform? This chapter addresses both the development of the opt-in class action in New Zealand from its emergence in the 'representative rule' and the problems stakeholders face under the current civil procedure regime. It also evaluates the options for reform measured against the purposes and aims of class action litigation. Specifically, Section 1 contains an overview of the legal system and the civil procedure framework in New Zealand. Section 2 addresses the history of the 'representative rule' which is used to allow opt-in class actions. Section 3 discusses the current state of opt-in class actions in New Zealand, including empirical data on the types of class actions, the plaintiff class sizes and financing mechanisms utilised. Section 4 concludes with an overview of the issues likely to arise in the future and sets out reform recommendations.Please note that a later version of this chapter was accepted for publication by Cambridge Press. This is a draft.
Author :United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Improvements in Judicial Machinery Publisher : ISBN 13 : Total Pages :0 pages Book Rating :4.:/5 (11 download)
Book Synopsis Reform of Class Action Litigation Procedures by : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Improvements in Judicial Machinery
Download or read book Reform of Class Action Litigation Procedures written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Improvements in Judicial Machinery and published by . This book was released on 1979 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Book Synopsis The Cambridge Handbook of Class Actions by : Brian T. Fitzpatrick
Download or read book The Cambridge Handbook of Class Actions written by Brian T. Fitzpatrick and published by Cambridge University Press. This book was released on 2021-02-18 with total page 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.
Book Synopsis Reform of Civil Procedure by : A. A. S. Zuckerman
Download or read book Reform of Civil Procedure written by A. A. S. Zuckerman and published by . This book was released on 1995 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt: 5. Making Tracks: Nick Armstrong
Book Synopsis Litigating in America by : Stephen N. Subrin
Download or read book Litigating in America written by Stephen N. Subrin and published by Aspen Publishing. This book was released on 2015-02-09 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: Designed to introduce American civil litigation and process to a wide audience: foreign LL.M. students, beginning American law students, undergraduates interested in law, and foreign lawyers, judges, and law professors. This succinct new paperback Litigating in America: Civil Procedure in Context explains the institutional bases and legal meaning of our procedural system, and captures American civil process at a time of change. It presents American civil procedure from several vantage points: the procedural doctrine that has evolved over time; the practical implications of that doctrine; the social context in which the doctrine grew, is used and abused; and the global context of how other systems may have made different choices. It is an excellent supplement to any casebook.
Author :Ontario Law Reform Commission Publisher :Ontario : Ministry of the Attorney General ISBN 13 : Total Pages :324 pages Book Rating :4.:/5 (31 download)
Book Synopsis Report on Class Actions by : Ontario Law Reform Commission
Download or read book Report on Class Actions written by Ontario Law Reform Commission and published by Ontario : Ministry of the Attorney General. This book was released on 1982 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :American Bar Association. House of Delegates Publisher :American Bar Association ISBN 13 :9781590318737 Total Pages :216 pages Book Rating :4.3/5 (187 download)
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.
Book Synopsis Out of Balance by : Jonathan B. Wilson
Download or read book Out of Balance written by Jonathan B. Wilson and published by iUniverse. This book was released on 2005 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why are there so many frivolous lawsuits? How much money does America waste on litigation every year? Out of Balance counts the cost of our out-of-control litigation system and identifies the legal procedures and economic incentives that effectively reward lawyers who pursue weak and even silly legal claims. Using real world examples, Jonathan B. Wilson (an attorney and the general counsel of a publicly traded company) describes how the pursuit of attorneys' fees rests at the heart of our litigation system. He recounts alternative proposals to change the law and sets out prescriptions for reform designed to deter cases that should never be filed and resolve those that are. "[Out of Balance shows] how the American justice system front-loads scanty information, unpredictability, and the certainty of escalating legal costs to leverage weak or non-meritorious cases and victimize defendants of every kind." --John H. Sullivan, President, Civil Justice Association of California "Wilson takes an evenhanded approach to the subject of lawsuit reform, reporting in equal measure the clear evidence of America's runaway tort system that favors trial lawyers and the alternatives for systemic procedural reform that will level the playing field for all participants in the legal system. . . . [Out of Balance is] a behind-the-scenes user's guide for reform-minded business advocates and lawmakers who want to fight back and win."--Steven B. Hantler, DaimlerChrysler Out of Balance is an invaluable guide for changing our legal system and restoring its sense of balance and fairness.
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:
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 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 Class Actions written by and published by . This book was released on 2001 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Entrepreneurial Litigation by : John C. Coffee
Download or read book Entrepreneurial Litigation written by John C. Coffee and published by Harvard University Press. This book was released on 2015-06-08 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Entrepreneurial Litigation by : John C. Coffee Jr.
Download or read book Entrepreneurial Litigation written by John C. Coffee Jr. and published by Harvard University Press. This book was released on 2015-06-08 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: Uniquely in the United States, lawyers litigate large cases on behalf of many claimants who could not afford to sue individually. In these class actions, attorneys act typically as risk-taking entrepreneurs, effectively hiring the client rather than acting as the client’s agent. Lawyer-financed, lawyer-controlled, and lawyer-settled, such entrepreneurial litigation invites lawyers to sometimes act more in their own interest than in the interest of their clients. And because class litigation aggregates many claims, defendants object that its massive scale amounts to legalized extortion. Yet, without such devices as the class action and contingent fees, many meritorious claims would never be asserted. John Coffee examines the dilemmas surrounding entrepreneurial litigation in a variety of specific contexts, including derivative actions, securities class actions, merger litigation, and mass tort litigation. His concise history traces how practices developed since the early days of the Republic, exploded at the end of the twentieth century, and then waned as Supreme Court decisions and legislation sharply curtailed the reach of entrepreneurial litigation. In an evenhanded account, Coffee assesses both the strengths and weaknesses of entrepreneurial litigation and proposes a number of reforms to achieve a fairer balance. His goal is to save the class action, not discard it, and to make private enforcement of law more democratically accountable. Taking a global perspective, he also considers the feasibility of exporting a modified form of entrepreneurial litigation to other countries that are today seeking a mechanism for aggregate representation.
Book Synopsis Wholesale Justice by : Martin H. Redish
Download or read book Wholesale Justice written by Martin H. Redish and published by Stanford University Press. 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.
