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The Law Of Class Actions And Other Aggregate Litigation

Author: Richard A. Nagareda
Publisher: Foundation Press
ISBN: 9781609302702
Size: 63.47 MB
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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.

The Role Of The Court In Collective Redress Litigation Comparative Report

Author: Élodie Falla
Publisher: Primento
ISBN: 2804463540
Size: 43.53 MB
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The key question facing European policy-makers is how to enable collective redress proceedings without producing the undesirable consequences that are associated with the U.S. class action model. How is it possible to find the balance between providing compensation for legitimate claims and preventing unmeritorious claims? If the system encourages the vast majority of claims to be settled, how can it avoid the ‘blackmail effect’, which means it will be cheaper for defendants to settle unmeritorious claims than to fight them? How is it possible to avoid excessive transactional costs? etc. In this report, it is considered that one of the of the important safeguards against the abuses of the U.S. class action system could be the active role of the court in collective redress litigation. Research is needed to see what concrete judicial powers are the most important in that respect. This report tries to achieve this challenge. The first part of the report consists in a comparative analysis of national rules and case law in six Member States (United Kingdom (England & Wales), Germany, Italy, Portugal, Spain and Sweden) to identify which powers of the court in a collective redress trial ensure fair proceedings for both parties and act as safeguards against potential abuses of the system. Cases have been selected to illustrate the issues that arise and some of the creative solutions that have been applied so far by the courts at each stage of a collective redress procedure. The second part of this report aims at looking ahead to ways in which recommendations for an optimal balanced framework for a European collective redress mechanism would be formulated. The result of the case analyses set out in this report attempts to demonstrate whether the European Union might be able to introduce an attractive approach towards collective redress which builds on previous knowledge by fusing different national approaches and provides benefits to consumers, competitors and the economy, without harmful risks.

Rights In Divided Societies

Author: Colin Harvey
Publisher: Bloomsbury Publishing
ISBN: 1847319807
Size: 56.20 MB
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This collection examines the role and value of rights in divided and post-conflict societies, approaching the subject from a comparative and theoretical perspective. Societies emerging from violent conflict often opt for a bill of rights as part of a wider package of constitutional reform. Where conflict is fuelled by longstanding ethno-national divisions, these divisions are often addressed through group-differentiated rights. Recent constitutional settlements have highlighted the difficulties in drafting a bill of rights in divided/post-conflict societies, where the aim of promoting unity is frequently in tension with the need to accommodate difference. In such cases, a bill of rights might be a rallying point around which both minorities and the majority can articulate a common vision for a shared society. Conversely, a bill of rights might provide merely another venue in which to play out familiar conflicts, further dividing an already divided society. The central questions that animate the collection are: (1) Can constitutional rights provide a basis for unity and a common 'human rights culture' in divided societies? If so, how? (2) To what extent should divided societies opt for a universalistic package of rights protections, or should the rights be tailored to the specific circumstances of a divided society, providing for special group-sensitive protections for minorities? (3) Is a divided society more or less likely to adopt a bill of rights? (4) How does the judiciary figure in the management or resolution of ethno-national conflict? (5) What are the general theoretical and philosophical issues at stake in a rights-based approach to the management or resolution of ethno-national divisions or other conflicts?

Mass Tort Deals

Author: Elizabeth Chamblee Burch
Publisher: Cambridge University Press
ISBN: 9781108416979
Size: 39.97 MB
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Mass-tort lawsuits over products like pelvic and hernia mesh, Roundup, opioids, talcum powder, and hip implants consume a substantial part of the federal civil caseload. But multidistrict litigation, which federal courts use to package these individual tort suits into one proceeding, has not been extensively analyzed. In Mass Tort Deals, Elizabeth Chamblee Burch marshals a wide array of empirical data to suggest that a systematic lack of checks and balances in our courts may benefit everyone but the plaintiffs-the very people who are often unable to stand up for themselves. Rather than faithfully representing them, plaintiffs' lawyers may sell them out in backroom settlements that compensate lawyers handsomely, pay plaintiffs little, and deny them the justice they seek. From diagnosis to reforms, Burch's goal isn't to eliminate these suits; it's to save them. This book is a must read for concerned citizens, policymakers, lawyers, and judges alike.

Federal Preemption

Author: Richard Allen Epstein
Publisher: A E I Press
ISBN:
Size: 71.51 MB
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This book considers federalism's constitutional basis and its practical applications.

Modern Complex Litigation

Author: Jay Tidmarsh
Publisher:
ISBN: 9781587785375
Size: 47.17 MB
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Modern Complex Litigation is the successor to Complex Litigation and the Adversary System, which was published in 1998. Due to the many developments in this field, the authors have reorganized and completely rewritten the text. Most of the principal cases used in the new edition have been decided since 1998, and many of the notes discuss cases, literature, and developments that have arisen in the past decade. In the interest of creating an accessible, student-friendly text, the book has been substantially shortened through the careful editing of cases and the use of short, informative notes. At the same time, the casebook still attempts to achieve the prior casebook's comprehensive survey of the field. After an introductory chapter, the casebook examines issues regarding the structure of the lawsuit and the aggregation of claims such as joinder, preclusion, MDL transfer, class actions, and jurisdiction, and then addresses issues that arise during pretrial, trial, and remedial phases of a complex case.

Us Rechtspraxis

Author: Kirk W. Junker
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 3899498100
Size: 20.51 MB
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Das Handbuch Amerikanische Rechtspraxis wendet sich in erster Linie an deutsche Anwälte, die mit dem amerikanischen oder englischen Recht in der Praxis in Berührung kommen, kann aber auch von international tätigen Unternehmen mit Gewinn genutzt werden. Thematisch umfaßt die Darstellung vor allem die Bereiche Zivilprozessrecht, Strafprozessrecht, Vertragsrecht, enthält zusätzlich Formulierungsmuster und Musterverträge sowie zahlreiche Praxistipps.