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Cross Border Class Actions
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Book Synopsis Cross-Border Class Actions by : Arnaud Nuyts
Download or read book Cross-Border Class Actions written by Arnaud Nuyts and published by Walter de Gruyter. This book was released on 2013-12-19 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whether with regard to mass torts, civil-rights claims or as a means of private enforcement of antitrust and other regulatory policies: Collective redress of civil claims has been gaining in importance in Europe and worldwide. Long associated with the American model of class actions, an increasing number of EU Member States have made their own attempts at collective redress institutions. At the same time, the amendment of the Brussels I Regulation has shied away from dealing with the cross-border aspects of collective redress. In this book, a worldwide group of distinguished experts in private international law, civil procedure and regulatory law evaluate the problems of cross-border collective redress and provide proposals for a "European way" appropriate for the twenty-first century. This very topical work is, thus, indispensable for practitioners, academics, lobbyists and institutional agents.
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.
Book Synopsis Global Class Actions and Cross-Border Collective Redress by : S.I. Strong
Download or read book Global Class Actions and Cross-Border Collective Redress written by S.I. Strong and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: While much has been written about the advantages and disadvantages of large-scale litigation and arbitration from a public policy perspective, relatively little has been written about how parties can affect the resolution of mass disputes as a matter of contract, particularly in cases involving parties from several different countries. This chapter therefore considers whether and to what extent standard contractual devices, including choice of law agreements, choice of court agreements and arbitration agreements, can be used in cases involving large-scale international legal injuries. The discussion begins by considering the various ways that large-scale disputes can arise, since different fact patterns require different types of contractual responses, then outlines the kinds of problems that arise in cases of cross-border collective redress, including those of a substantive, regulatory and procedural nature. The analysis then evaluates a variety of possible solutions to these problems, including those generated by the state as well as those generated by private parties. The latter discussion not only addresses procedural agreements (including waivers of mass claims) that arise on a pre-dispute basis, it also considers the possibility of obtaining consent to various procedures on a post-dispute basis, a technique that has long been said to be impossible but that is the only feasible option in certain fact patterns or legal regimes. In undertaking this analysis, this chapter challenges conventional wisdom suggesting that parties to large-scale international disputes are either unwilling or unable to create carefully tailored, mutually agreeable procedures through private contract measures. Instead, this discussion shows that it is in fact possible for parties to international commercial and investment disputes to adopt both pre-dispute and post-dispute agreements that reduce the time, cost and uncertainty associated with global class actions and cross-border collective redress, thereby avoiding the numerous problems associated with contemporary litigation practice.
Book Synopsis Class Actions in Privacy Law by : Ignacio N. Cofone
Download or read book Class Actions in Privacy Law written by Ignacio N. Cofone and published by Routledge. This book was released on 2020-10-26 with total page 106 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Jurisdiction and Cross-Border Collective Redress by : Alexia Pato
Download or read book Jurisdiction and Cross-Border Collective Redress written by Alexia Pato and published by Bloomsbury Publishing. This book was released on 2019-07-11 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent decades, the rise in cross-border law violations has harmed numerous victims around the globe. The damages are often dispersed and low-level. As a result, the private enforcement gap has deepened and collective redress represents an interesting procedural instrument that is able to provide effective access to justice. This book analyses thoroughly the dominant collective redress models adopted in the EU. Data from 13 Member States has been catalogued and categorised. The research mainly focuses on the consumer law field but frequent references to financial and data protection-related cases are made. The dominant collective redress models are then studied from a private international law perspective. In particular, the book highlights the current mismatch between collective redress on the one hand, and rules on international jurisdiction on the other. Additionally, it notes that barriers to cross-border litigation remain significant for victims and their representatives. The unprecedented empirical study included in this book confirms that statement. Observing that EU measures have not satisfactorily lowered those barriers, the author proposes the creation of a new head of jurisdiction for cases of international collective redress. This book will be of interest to private international law scholars, researchers, students, legal practitioners, judges and policy-makers. It is a reference point for those with an interest in cross-border collective redress in particular, and private international law in general.
Book Synopsis Overview of Class Actions by : Maria Luisa Chiarella
Download or read book Overview of Class Actions written by Maria Luisa Chiarella and published by . This book was released on 2019 with total page 37 pages. Available in PDF, EPUB and Kindle. Book excerpt: Consumers and users are daily involved in commercial practices and transactions that can end up not pacifically. We buy items and services, we travel, we use public services and vehicles and we enter into contracts with banks, insurance and financial services companies. The disputes arising from these everyday life events need collective remedies which may facilitates access to justice by those whose rights have been violated by one and the same professional. A class action allows a number of consumers to bring a case together before the Court to obtain compensation for a damage caused by the same professional. It is a lawsuit brought by a group of claimants, which allows them to enforce their rights collectively where they would not have done on an individual basis because of the cost, the risks and the time that legal proceedings entail. This paper analyzes the peculiarities of this kind of litigation, both in general and on a European perspective; then it tackles: the archetype of U.S., Italian class actions rules and cross-border litigations issues.
Book Synopsis Class Actions in Relation to Cross-border Pollution by : H. U. Jessurun d'Oliveira
Download or read book Class Actions in Relation to Cross-border Pollution written by H. U. Jessurun d'Oliveira and published by . This book was released on 1991 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Class Actions in Europe by : Alan Uzelac
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.
Book Synopsis Jurisdiction and Cross-Border Collective Redress by : Alexia Pato
Download or read book Jurisdiction and Cross-Border Collective Redress written by Alexia Pato and published by Bloomsbury Publishing. This book was released on 2019-07-11 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent decades, the rise in cross-border law violations has harmed numerous victims around the globe. The damages are often dispersed and low-level. As a result, the private enforcement gap has deepened and collective redress represents an interesting procedural instrument that is able to provide effective access to justice. This book analyses thoroughly the dominant collective redress models adopted in the EU. Data from 13 Member States has been catalogued and categorised. The research mainly focuses on the consumer law field but frequent references to financial and data protection-related cases are made. The dominant collective redress models are then studied from a private international law perspective. In particular, the book highlights the current mismatch between collective redress on the one hand, and rules on international jurisdiction on the other. Additionally, it notes that barriers to cross-border litigation remain significant for victims and their representatives. The unprecedented empirical study included in this book confirms that statement. Observing that EU measures have not satisfactorily lowered those barriers, the author proposes the creation of a new head of jurisdiction for cases of international collective redress. This book will be of interest to private international law scholars, researchers, students, legal practitioners, judges and policy-makers. It is a reference point for those with an interest in cross-border collective redress in particular, and private international law in general.
Book Synopsis U.S.-style Class Actions in Europe by : Linda A. Willett
Download or read book U.S.-style Class Actions in Europe written by Linda A. Willett and published by . This book was released on 2005 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis World Class Actions by : Paul G. Karlsgodt
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.
Book Synopsis Cross-Border EU Competition Law Actions by : Mihail Danov
Download or read book Cross-Border EU Competition Law Actions written by Mihail Danov and published by Bloomsbury Publishing. This book was released on 2013-06-18 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, written within the framework of a research project funded by the European Commission Civil Justice Programme, identifies the ways in which cross-border EU competition law actions can best be handled in Europe. Employing traditional library-based legal research methods as well as qualitative interviews with legal practitioners in Germany and England (countries sharing different legal traditions) and policy-makers in Brussels, the book considers how private EU competition law actions are functioning at the moment and how they could and should be developed. The study proposes solutions for some of the most pressing practical problems, and includes chapters by the following academics, legal practitioners and judges: Judge I Pelikánová (General Court of the EU); J Lawrence and A Morfey (Freshfields); P Lasok QC (Monckton Chambers); H Mercer QC (Essex Court Chambers); J Webber (Shearman & Sterling); T Reher (CMS Hasche Sigle, Germany); P Bos and J Möhlmann (BarentsKrans, the Netherlands); P Beaumont (Aberdeen); S Bariatti (Milan); G Howells (Manchester); D Fairgrieve (BIICL); J Fitchen (Aberdeen); A Andreangeli (Edinburgh); D Tzakas (Athens Bar, Greece); S Dnes (Sidley Austin, Brussels); F Becker and J Kammin (Kiel University, Germany); and M Danov (Brunel University).
Book Synopsis Cross-border Collective Actions in Europe by :
Download or read book Cross-border Collective Actions in Europe written by and published by . This book was released on 2007 with total page 481 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 Cross-Border EU Competition Law Actions by : Mihail Danov
Download or read book Cross-Border EU Competition Law Actions written by Mihail Danov and published by Bloomsbury Publishing. This book was released on 2013-06-18 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, written within the framework of a research project funded by the European Commission Civil Justice Programme, identifies the ways in which cross-border EU competition law actions can best be handled in Europe. Employing traditional library-based legal research methods as well as qualitative interviews with legal practitioners in Germany and England (countries sharing different legal traditions) and policy-makers in Brussels, the book considers how private EU competition law actions are functioning at the moment and how they could and should be developed. The study proposes solutions for some of the most pressing practical problems, and includes chapters by the following academics, legal practitioners and judges: Judge I Pelikánová (General Court of the EU); J Lawrence and A Morfey (Freshfields); P Lasok QC (Monckton Chambers); H Mercer QC (Essex Court Chambers); J Webber (Shearman & Sterling); T Reher (CMS Hasche Sigle, Germany); P Bos and J Möhlmann (BarentsKrans, the Netherlands); P Beaumont (Aberdeen); S Bariatti (Milan); G Howells (Manchester); D Fairgrieve (BIICL); J Fitchen (Aberdeen); A Andreangeli (Edinburgh); D Tzakas (Athens Bar, Greece); S Dnes (Sidley Austin, Brussels); F Becker and J Kammin (Kiel University, Germany); and M Danov (Brunel University).
Book Synopsis Extraterritoriality and Collective Redress by : Duncan Fairgrieve
Download or read book Extraterritoriality and Collective Redress written by Duncan Fairgrieve and published by OUP Oxford. This book was released on 2012-09-27 with total page 491 pages. Available in PDF, EPUB and Kindle. Book excerpt: An expert analysis of the relevant law and jurisprudence in mass litigation, this edited work examines the diverse and complex transnational considerations and issues of collective redress. With contributions from distinguished and authoritative commentators on this topic, the coverage is broad, thorough, and practically focused. The book offers new perspectives on the challenges of collective redress as it innovatively combines a comparative and cross border approach. Organized clearly into sections, it provides in-depth comment on these challenges from a national, European, and global perspective. With detailed analysis of the relevant law and jurisprudence in this area offering a significant practical impact, this book also examines possible solutions to the challenges identified, covering important topics and issues within collective redress mechanisms; the private international law perspective on collective redress; reception of foreign collective redress; and extraterritoriality and US law. Including contributions from the jurisdictions most relevant to these conflict of laws issues, this book unites global expertise to provide information on a complex topic and offer a solution-based approach to the collective redress landscape.
Book Synopsis Cross-border Collective Actions in Europe, a Legal Challenge by : Brian Bercusson
Download or read book Cross-border Collective Actions in Europe, a Legal Challenge written by Brian Bercusson and published by . This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Europe, industrial disputes with a cross-border impact do arise, and will continue to, in other sectors of the economy as well, due to the expanding "Europeanization" of the economy. As a result, they will or may become a more common feature in multinational enterprises when they operate in a European and global context. Recent cases are perfect illustrations of the complex interaction between economic freedoms and the fundamental social right to take collective action. This kind of industrial dispute tends to raise fundamental questions about the position of industrial action within the framework of the EU/EC. At present, the right to take collective action with a cross border impact constitutes a major legal challenge. First, the question arises whether divergence between domestic labor law and domestic private international law impedes the effective use of cross-border collective action. Another quintessential issue that arises is whether Community law itself can become an obstac
