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Author: Brian C. Anderson Publisher: Oxford University Press, USA ISBN: Category : Law Languages : en Pages : 312
Book Description
The Class Action Playbook is a unique and strategic "how to" guide for practitioners seeking to bring or defend a class action. Every important issue is addressed, including the initial shape of the proposed action, choice of forum, case-management schedules, pre-certification discovery and motions activity, briefing and argument of the class-certification motion, class notice, preparation for trial, class settlements, and the binding effects of class-action judgments. Experienced practitioners Brian Anderson and Andrew Trask analyze what decisions the plaintiff and defendant must make at each stage of a proposed class action, and the considerations that might drive different strategies at each stage. The authors explain the importance of every issue, the choices available to each side, and the factors each side should consider in choosing the best path to follow. The Class Action Playbook also contains a CD-ROM appendix of high-quality example documents used by plaintiffs and defendants in the litigation of each stage of a class action.
Author: Brian C. Anderson Publisher: Oxford University Press, USA ISBN: Category : Law Languages : en Pages : 312
Book Description
The Class Action Playbook is a unique and strategic "how to" guide for practitioners seeking to bring or defend a class action. Every important issue is addressed, including the initial shape of the proposed action, choice of forum, case-management schedules, pre-certification discovery and motions activity, briefing and argument of the class-certification motion, class notice, preparation for trial, class settlements, and the binding effects of class-action judgments. Experienced practitioners Brian Anderson and Andrew Trask analyze what decisions the plaintiff and defendant must make at each stage of a proposed class action, and the considerations that might drive different strategies at each stage. The authors explain the importance of every issue, the choices available to each side, and the factors each side should consider in choosing the best path to follow. The Class Action Playbook also contains a CD-ROM appendix of high-quality example documents used by plaintiffs and defendants in the litigation of each stage of a class action.
Author: Marcy Hogan Greer Publisher: American Bar Association ISBN: 9781604429558 Category : Class actions (Civil procedure) Languages : en Pages : 1412
Book Description
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.
Author: Brian T. Fitzpatrick Publisher: ISBN: 1108803881 Category : Law Languages : en Pages : 578
Book Description
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.
Author: Thomas A. Dickerson Publisher: ISBN: 9781588522405 Category : Languages : en Pages :
Book Description
Class Actions: The Law of 50 States is an up-to-date step-by-step guide to: identifying a potential class action; determining ex parte class certification; conducting pre-certification discovery; selecting a proper class representative; preparing pleadings and pre-certification motion papers; responding to motions and counterclaims; fulfilling requirements for class certification; delivering timely and proper notice to class members; pursuing the case through discovery and trial, or settling the case and winning the court's approval; and satisfying the rigorous guidelines governing fee awards. This comprehensive resource analyzes the effect of the Supreme Courts decision in Rent-A-Center v. Jackson in future class action cases. The advantages and disadvantages of noncash settlements and suggestions for avoiding problems with class counsel fees are discussed. Also featured is an explanation of settlement stipulations, aggregation and distribution of settlement coupons and cy pres settlements
Author: Robert H. Klonoff Publisher: West Academic Publishing ISBN: Category : Law Languages : en Pages : 452
Book Description
Covers all of the major topics of class action law and practice, such as commencement of a class action, requirements for class certification, class action discovery, notice to class members, "opt-out" rights, Seventh Amendment and due process issues, class settlements, remedies, appellate review, issue and claim preclusion, and ethical and policy issues. Also contains a special focus on securities, mass tort, and employment discrimination class actions, defendant class actions and shareholder derivative suits. Explores the latest cutting-edge issues in multi-party litigation and discusses numerous ground-breaking court decisions.
Author: Paul G. Karlsgodt Publisher: Oxford University Press ISBN: 0199750211 Category : Law Languages : en Pages : 854
Book Description
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.
Author: Brian T. Fitzpatrick Publisher: University of Chicago Press ISBN: 0226816737 Category : Law Languages : en Pages : 282
Book Description
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.
Author: Rachael Mulheron Publisher: Bloomsbury Publishing ISBN: 1847310966 Category : Law Languages : en Pages : 616
Book Description
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.
Author: Brian C. Anderson
Author: Brian C. Anderson
Author: Brian C. Anderson
Author: Marcy Hogan Greer
Author: Brian T. Fitzpatrick
Author: Barbara Jacobs Rothstein
Author: Thomas A. Dickerson
Author: Robert H. Klonoff
Author: Paul G. Karlsgodt
Author: Brian T. Fitzpatrick
Author: Rachael Mulheron